ASEAN Regional Coalition to #StopDigitalDictatorship
detention period prompts concerns regarding the
proportionality and necessity of such measures
since it potentially infringes upon individuals’ rights
and raises doubts about the effectiveness of CMA
investigations. It was also reported by the Deputy
Minister of Communications and Digital that out of
876 investigations initiated under Section 233 of
the CMA, between January 2018 to November 2023,
only 65 cases were charged in court. This statistic
underscores the broad scope of Section 233 and
the low proportion of cases that meet the threshold
for prosecution, suggesting a potential misuse of
the law to suppress speech and online content.
Further, the incorporation of CMA with other legal
provisions such as Sections 504, 505, and offences
outlined in the Penal Code (Section 500) establishes
a comprehensive legal framework.53
Prosecutions for Blasphemy
Aside from defamation and cyber laws, Malaysia
has resorted to blasphemy provisions to charge and
prosecute individuals for expressions allegedly insulting
religion, religious figures, or beliefs. In July 2020, an
individual was sentenced to over two years in prison
for social media content purportedly insulting the
Prophet Muhammad, Islam, and Malaysian Islamic
Conducting a raid
on our office and
seizing computers is
a troubling escalation
in the authorities’
crackdown on media
freedom and shows
the lengths they are
prepared to take
to try to intimidate
journalists.63
–Giles Trendle, managing director
of Al Jazeera English
Party (PAS) President.54 In July 2022, a man was
arrested by the police for allegedly insulting Islam
in a TikTok video clip.55 Two filmmakers of a film
banned in Malaysia, “Mentega Terbang”, have been
State Surveillance to Stifle Dissent
charged with “offending religious feelings”. It tells
In addition to prosecutions, the government is under
the story of a young Muslim girl confronted with
the suspicion of employing surveillance technologies to
questions about life after death. The film was banned
stifle online freedoms. The government is determined
in September 2023 due to criticism from conservative
as a potential customer of Circles technology, which
groups under the directive of the Home Minister,
exploits weaknesses in mobile phone networks to
who cited Section 26 of the Film Censorship Board
spy on calls, texts, and location information.57
2002 as grounds for the ban. The film’s producer,
Tan Meng Kheng, and director, Khairi Anwar Jailani,
were charged under the blasphemy provisions of
Section 298 of the Penal Code, but were released
on bail of RM 6,000 and RM 6,500 respectively, with
strict conditions.56
Malaysia
Crackdown on Media and Journalists
Journalists and online news outlets have also been
repeatedly subjected to investigation and prosecution
as a result of their critical reporting.58 In July 2020,
161