Fahmi Fadzil Proposes Major Updates to Malaysia’s Cyber Laws

Malaysian minister Fahmi Fadzil has tabled two crucial pieces of legislation aimed at addressing the rising threats of online harassment and cybercrimes. These proposed changes, part of the Communications and Multimedia (Amendments) Bill 2024 and the Malaysian Communications and Multimedia Commission (MCMC) (Amendment) Bill 2024, were introduced in the Dewan Rakyat for their first reading. 

These proposed amendments aim to update and strengthen Malaysia’s cyber laws to address the challenges of the modern digital era. This initiative is part of the MADANI Government’s broader efforts to create a safer online environment and to ensure that Malaysia remains at the forefront of digital innovation while protecting its citizens against cybercrimes and online abuse.

Strengthening the Legal Framework for Cybersecurity 

Fahmi Fadzil, who has been a vocal advocate for online safety, denoted that the MADANI Government’s commitment to combatting cybercrimes and ensuring that the internet remains a safe space for all users. During his presentation in the Dewan Rakyat, the Minister explained that the amendments would address a broad spectrum of issues affecting the digital ecosystem, including social media misuse, network security, and the overall development of the communications industry. 

One of the key provisions in the Communication and Multimedia (Amendments) Bill 2024 is the expansion of Section 233, which currently addresses the improper use of network facilities and services. The revised section will not only cover cases of harassment but also include offences involving fraud or dishonesty against individuals, a much-needed update in today’s digital environment. This change aims to better align the law with current online behaviors and practices, where cyberbullying, online fraud, and identity theft are prevalent. 

Additionally, Clause 92 proposes a new Section 233a, which would criminalize the sending, or authorizing the sending of, unsolicited commercial electronic messages. This provision is aimed at curbing the growing problem of spam and unsolicited marketing, which has become a nuisance for internet users.

Enhancing the Role of the Malaysian Communications and Multimedia Commission 

Alongside the Communications and Multimedia (Amendments) Bill, the Malaysian Communications and Multimedia Commission (MCMC) (Amendment) Bill 2024 was also presented by Fahmi. The amendments to the MCMC Bill are focused on expanding the Commission’s role in overseeing Malaysia’s digital infrastructure.  

Under Clause 5, the functions of the MCMC would be expanded to include auditing information provided by licensees and service providers. This will ensure that companies in the communications sector adhere to regulations and maintain high standards of security and integrity in their operations. 

Clause 13 proposes an increase in the contract value limit for the MCMC from RM5 million to RM10 million, which would allow the Commission to enter into more substantial contracts without requiring ministerial approval. This change is expected to streamline the operations of the MCMC, enabling it to respond more effectively to the demands of the digital industry. 

Moreover, the MCMC (Amendment) Bill introduces new definitions for critical terms such as “chief executive officer” and “communications system,” while refining existing definitions, including that of the “chairman.” These changes reflect the growing complexity of the communications sector and are intended to ensure that the MCMC has the necessary authority and clarity to perform its functions effectively. 

Conclusion 

The amendments to the Communications and Multimedia Act and the MCMC Act are expected to be passed during the current parliamentary session, which concludes on December 12, 2024. The amendments will come into effect on January 17, 2024, and will play an important role in shaping Malaysia’s digital future. 

The introduction of these amendments to the Communications and Multimedia Act and the MCMC Act marks a crucial development in Malaysia’s efforts to fight online threats, improve cybersecurity, and regulate the digital space effectively. Fahmi Fadzil and the MADANI Government are taking decisive steps to ensure that Malaysia’s digital ecosystem is secure and ready to face the challenges of the future. 

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