ASEAN Regional Coalition to #StopDigitalDictatorship
Defamation Laws: Used to Silence
Dissenting Voices
political party during the November 2022 election
The government has used the defamation laws to
expression”, including the SA 1948 and Section 233
silence opposition lawmakers, activists, journalists
of CMA 1998.24 However, it was soon announced that
and individuals criticising the regime. Reports
the government has no plans to abolish the Sedition
have surfaced in recent years of individuals being
Act. In fact, between January 2022 and November
investigated and prosecuted based on the defamation
2023, The Centre for Independent Journalism (CIJ)
laws for freely expressing themselves. On July 1,
reported an increase of the number of investigations
2021, FreedomFilmFest organiser Anna Har and the
and arrests under the Sedition Act from 15 in 2022
animator of “Chili Powder and Thinner” Amin Landak,
to 31 incidents in 2023.25 Additionally, In the early
were questioned by the police in connection with
months of 2023, it was disclosed that 444 cases
the release of a four-minute animation depicting
had undergone investigation under Section 233 of
Malaysian police officers torturing and abusing
the CMA from 2020 to Jan. 23, 2023.26
individuals in custody. They were investigated under
Sections 500 and 505(b) of the Criminal Code–
concerning defamation and “statements conducing
to public mischief” respectively–along with Section
233 Article 1(a) of the CMA, for improper use of
network facilities.18 They were eventually released,
but three computers, a modem, and a router as well
as Landak’s personal computer were seized during
the search.19 In July 2022, a nature activist was
investigated under Section 500 and 500(b) of the
Penal Code and Section 233 of CMA over a Twitter
post allegedly insulting the Pahang regent.20 In
June 2020, blogger Dian Abdullah was accused of
criticising the King and ex-Prime Minister Muhyiddin
Yassin through her blog post published in March
2020; aside from the Penal Code, Abdullah was
additionally charged under Section 233(1)(a) of the
CMA.21 In December 2021, the court handed her a
fine of MYR 10,000 ($2,400).22 But these laws do
not apply exclusively to human beings. In fact, they
were almost used in 2023 against Meta for violating
the law on communications and multimedia, but the
project was abandoned after meetings with the company.23
was a call for a review and repeal of “oppressive
legislations that can be misused curtail freedom of
Between March 2020 and February 2021, 66 cases
were initiated under the Sedition Act and Section
233 of the CMA,27 with about 60 cases related to
online activities. Over the course of 2021 and 2022, a
significant increase in the use of oppressive legislation
to silence dissenting opinions and expressions was
recorded. The Centre for Independent Journalism
(CIJ) documented 140 incidents under Section 233
CMA and 19 under Sedition Act in 2021.28 In 2022,
from January to November, 114 such incidents were
documented.29 A report on the state of freedom of
expression in Malaysia by the Centre for Independent
Journalism (CIJ) that was released on Dec. 10 2023
found that Section 233 of the Communication and
Multimedia Act - which criminalises the improper
use of network facilities or network services - has
already been used 103 times this year up until
November.30 However it is also noted that the 2023
data does not reflect investigations triggered by the
3R election task force and police statements during
the elections.31 This is compared to the 114 times
the law was used for the whole of 2022. According
to the official statistics from the Home Minister,
The Sedition Act and CMA: Another
Political Weapons
367 investigations were opened under the sedition
One of the key promises within the manifesto made by
Act (CMA) the police conducted 692 investigations
the current Prime minister, Dato Seri Anwar Ibrahim’s
158
act from 2018 to 2022, with only five cases tried in
court. Under the Communications and Multimedia
between January 2020 and June 2022.32
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia