ASEAN Regional Coalition to #StopDigitalDictatorship to 28 days without judicial review, and offenders can the lack of transparent appointment and dismissal be detained for up to 48 hours before being allowed process of its commissioners, which weakened access to a lawyer. Likewise, the 1983 amended the independence of the institution.126 SUHAKAM Prevention of Crime Act, 2015 Prevention of Terrorism commissioners are also not explicitly required by the Act, along with the 2016 National Security Council legislation to have any expertise on human rights. Act, grant the authority broad powers of detention, Although SUHAKAM’s mandates are in line with the search and seizure without a warrant. Paris Principles, its constitutive instrument–the 122 123 Alternative Options for Challenging Misinterpretation and Abuse of Laws: the CMA and the PPPA There are few options available to individuals and organisations to challenge the misinterpretation and abuse of the laws restricting online expression and regulating online information, as the laws fail to provide effective appeal processes, remedy or accountability. Sections 120 and 121 of the CMA allow for appeals against the decision of MCMC, through a review by the Appeal Tribunal and Judicial Review. Nevertheless, this mechanism does not apply under all circumstances; it is limited to decisions and actions of MCMC taken under Part V (Powers and Procedures of the Malaysian Communications and Multimedia Commission) only. Legal challenge or appeal of an access blocking order is not explicitly 1999 Human Rights Commission of Malaysia Act–is fundamentally flawed; “human rights” is narrowly defined as to encompass only those fundamental liberties enshrined in Part II (Fundamental Liberties) of the Federal Constitution of Malaysia.127 Moreover, SUHAKAM has limited powers. Under Section 12(2) (a) of the 1999 Act, it shall not “inquire into any complaint relating to any allegation of the infringement of human rights which is the subject matter of any proceedings pending in any court, including any appeals.” This has resulted in a consistent number of investigations being withdrawn.128 Concerningly, SUHAKAM’s annual reports have been largely ignored by the government, with the first SUHAKAM report being debated in 2019. In addition, SUHAKAM commissioners were summoned for questioning by the police in August 2021 for merely complying with their duties as monitors at the #Lawan protest.129 laid out in the Act.124 Despite the fact that the 2012 In 2022, SUHAKAM’s appointment of the commissioners amendments to the PPPA permit media outlets to were shrouded in controversy as there was a “lack of challenge the Ministry’s decision to suspend or revoke transparency” and “parliamentary oversight” of the their licence before a court of law, the uncertainty appointment process and was only made public after of the process and high costs are likely to subject the fact. In 2019, the appointed chairman was one of media outlets to prolonged and expensive legal four academics that successfully opposed the ratifying processes. of the Rome Statute of the International Criminal 125 Human Rights Commission of Malaysia: Another Solution Turned Into an Obstacle In terms of state-based non-judicial grievance mechanism, the Human Rights Commission of Malaysia (SUHAKAM), created as a “channel for the people to forward their grievances about infringements and violations of human rights” is equally problematic. It was especially criticised for 170 Court which impeded Malaysia’s commitment to the global peacekeeping mission.130 Other commissioners’ composition were of individuals strongly associated with major political parties and former director-general of the Islamic Development Department (Jakim). Suaram, a human rights organisation, asserts that Suhakam needs to be independent from political influence in order to effectively carry out its mandate to hold the Malaysian government accountable to the International Human Rights Standard.131 Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia