Curtailing Free Expression, Opinion and Information Online in Southeast Asia
Malaysian internet service providers, including State-owned Telekom
Malaysia. A week before, the MCMC had submitted a request to the blog
to remove an article by ‘Sarawak Report’ on its page for alleged violation
of section 233 of the CMA – which ‘Medium’ refused.414
In February 2016, the MCMC issued a decision to indefinitely block public
access to independent news portal, ‘The Malaysian Insider’ (TMI), for
alleged violation of sections 233 and 263(2) of the CMA. The decision was
linked to a TMI report that had reportedly quoted an anonymous source
from the advisory panel of the Malaysian Anti-Corruption Commission
(MACC), which had remarked on corruption claims relating to then-Prime
Minister Najib Razak – contradicting official statements of the MACC.415
Philippines
In the Philippines, as earlier noted, penalties for offences relating
to defamation or libel and sedition have been extended to the online sphere
through the Cybercrime Prevention Act which was enacted to “protect
and safeguard the integrity of computer, computer and communications
systems, networks, and databases, and the confidentiality, integrity, and
availability of information and data stored therein, from all forms of misuse,
abuse, and illegal access by making punishable under the law such conduct
or conducts.”416
Section 4 of the CPA lists, under “Punishable Acts”, the offences of
“illegal access”, “illegal interception”, “data and system interference”, “misuse
of devices”, “cyber-squatting”, “computer-related forgery, fraud and identity
theft”, “cybersex”, and “child pornography”. However, the criminal acts
that fall under its purview extend far beyond these specific cyber-related
crimes.417 Sections 6 and 7 of the CPA dictate that “all crimes defined and
414 Medium Legal, ‘The Post Stays Up’, Medium, 27 January 2016, Available at: https://blog.medium.
com/the-post-stays-up-d222e34cb7e7#.5v2jvdhuf; Judith Balea, ‘Despite being blocked in
Malaysia, Medium stands by Sarawak Report’, Tech in Asia, 27 January 2016, Available at: https://
www.techinasia.com/medium-stands-sarawak-report-blocked-malaysia
415 Steven Thiru, ‘Misuse of the Communications and Multimedia Act must end’, Malaysia Kini, 1 March
2016, Available at: https://www.malaysiakini.com/news/332239; Aizyl Azlee, ‘Minister justifies
TMI block, says due to contradictory report on MACC panel’, Malay Mail, 26 February 2016,
Available at: https://www.malaymail.com/news/malaysia/2016/02/26/minister-justifies-tmi-blocksays-due-to-contradictory-report-on-macc-panel/1068543
416 CPA, section 2.
417 CPA, sections 4(a), (b), (c)(1), (c)(2). Notably, in 2014, the Supreme Court declared void
and unconstitutional sections 4(c)(3) (which penalizes posting of unsolicited commercial
communications), 12 (which authorizes the collection or recording of traffic data in real-time)
and 19 (which authorizes the Department of Justice to restrict or block access to data). See ICJ,
‘Supreme Court Decision re. Cybercrime Prevention Act of 2012’, 21 February 2014, Available at:
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