against HRDs can be seen in the arrest of Eric Paulsen in March 2015. Paulsen was arrested and subsequently charged for sedition for a tweet on the implementation of Hudud law in Malaysia.46 Similar to the case before, Paulsen was charged under Section 4(1)(c) of the Sedition Act 1948 and was also briefly remanded. Zulkiflee Anwar, better known as Zunar, was similarly arrested and subsequently charged for nine counts of sedition following his tweets criticising the judiciary for its alleged bias in the second sodomy trial of Anwar Ibrahim in 2015.47 Since then, Zunar has consistently been “in trouble” with the law for his cartoons on current politics.48 Besides political dissenters and HRDs, the Sedition Act 1948 has also been applied against controversial online personalities Viven Lee May Ling and Alvin Tan Jye Yee. The two posted on Facebook a controversial photo of them dining on a local dish, bak kut teh, that was well known to be non-halal – since pork is its main ingredient – during the month of Ramadan. The photo was accompanied by the caption “Selamat Berbuka Puasa [the greeting used when breaking the fast at the end of the day during Ramadan] (with Bak Kut Teh… fragrant, delicious and appetising)” alongside a halal logo.49 On top of the charge of sedition, they were also charged under the Film Censorship Act50 and Section 298A(1) of the Penal Code.51 Communications and Multimedia Act 1998 When it comes to online comments and internet-related items, the go-to provision for criminal action would be under Section 233 of the Communications and Multimedia Act 1998 (CMA). Section 233 is an ambiguous provision that can potentially cover any 46 Tan, S. (2015, 23 March). Lawyer Paulsen to be detained until 6pm in sedition probe over hudud tweets. Malay Mail Online. www.themalaymailonline.com/malaysia/article/lawyer-paulsento-be-detained-until-6pm-in-sedition-probe-over-hududtweets#HJ5uweyAJil1SCQs.97 47 Mei Lin, M. (2015, 3 April). Cartoonist Zunar slapped with nine counts of sedition over Anwar tweets. Malay Mail Online. www.themalaymailonline.com/malaysia/article/cartoonistzunar-slapped-with-nine-counts-of-sedition-over-anwartweets#GfuX0bcEILcrjqfS.97 48 Zolkepli, F., & Divakaran, P. (2016, 17 December). Zunar arrested at fan event. The Star Online. www.thestar.com.my/news/ nation/2016/12/17/zunar-arrested-at-fan-event 7 49 Lim, I. (2016, 27 May). Vivian Lee jailed six months over ‘bak kuh teh’ Ramadan photo. Malay Mail Online. www.themalaymailonline. com/malaysia/article/vivian-lee-jailed-six-months-over-bak-kut-tehramadan-photo#gP74mmWklxB3ppGX.97 50 Naidu, S. (2016, 14 April). Malaysian ‘sex blogger’ acquitted of charge under censorship act. Channel News Asia. www. channelnewsasia.com/news/asiapacific/malaysian-sex-bloggeracquitted-of-charge-under-censorship-act-8055984 51 Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion. comments made online that are interpreted as hurting someone’s feelings.52 The application of this law in this area is still relatively new. For most of its existence, it has had little to no role in the ongoing discourse on freedom of expression.53 Unfortunately, in the last two years, this law has been applied broadly, with more than 180 cases of alleged social media abuse54 reported by the Malaysian Communications and Multimedia Commission (MCMC) for the year 2016 alone. Offences that have surfaced under this law include lèse majesté, alleged fake news, satire, graphics that are perceived as insulting the prime minister, and a wide variety of other “affronts”. Political activist and HRD Khalid Ismath was one of the earlier cases under the CMA. He was detained for comments allegedly insulting the members of the royal family and was subsequently charged for nine counts of sedition and four under the CMA, for tweets and Facebook posts. He was later kept in solitary confinement for almost three weeks before he was released on bail of MYR 70,000 (over USD 16,500).55 After this case in late 2015, a myriad of other cases began to surface under Section 233 of the CMA. Malaysia witnessed mass arrests under this law in May 2016, when a group of football fans were arrested for comments that allegedly insulted a member of the royal family, who was also a manager of a football team.56 The individuals detained were subjected to extended remand and held in detention for close to two weeks in the state of Johor. Among the best-known cases under the CMA are those relating to Fahmi Reza, a well-known activist in Malaysia. His satirical depiction of Malaysia’s prime minister and of the “block notice” issued by the MCMC57 online incurred the ire of the government, which led to his being subjected to 52 233(1)(a) “... any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; 233(1)(b) - initiates a communication using any application service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity with intent to annoy, abuse, threaten or harass any person at any number or electronic address.” 53 The first reported case was in its early stages as of 2017, with the first case reported at High Court in 2016 (Zaid Ibrahim’s case). 54 Which usually falls under the purview of Section 233. 55 Malaysia Kini. ( 2015, 22 October). Amnesty declares Khalid Ismath ‘prisoner of conscience.’ Malaysia Kini. www.malaysiakini.com/ news/316782 56 #NetMerdeka. (2016, 6 June). Net freedom coalition condemns arrests under the CMA. SUARAM. www.suaram.net/?p=8051 57 Tzu Ging, Y. (2016, 10 June). Fahmi Reza charged again over clown face sketch. Malay Mail Online. www.themalaymailonline.com/ malaysia/article/fahmi-reza-charged-again-over-clown-facesketch#b1C3fMzwvmAQ8I56.97 88 / Unshackling Expression