Does Section 233A stifle freedom of expression?

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Section 233A of the Communications and Multimedia Act potentially stifles freedom of expression.

The Centre for Independent Journalism (CIJ) has condemned the arrest of an individual for posting comments deemed insensitive regarding the deaths of two police officers. This action, taken under Section 233 of the Communications and Multimedia Act, raises concerns that the provision is being used to suppress speech, particularly as it is already under consideration for repeal. CIJ advocates for the immediate release of the individual and a halt to arrests under this section to uphold the constitutional right to freedom of expression.
Arrest Based on Social Media Comments

An unidentified man was arrested for posting comments on social media that were described in news reports as "offensive" and potentially damaging to the image of the Malaysian police force. CIJ expressed alarm that the police force's public image is perceived to be so fragile that the comments of a 27-year-old could allegedly bring it into disrepute, thereby justifying such an arrest.
Calls for a Moratorium on Arrests

CIJ has urged the Minister of Communications and Multimedia, YB Gobind Singh Deo, to implement a moratorium on arrests made under Section 233 of the Communications and Multimedia Act. The organisation highlights that this section is currently being considered for repeal and should not be employed as a tool to curb public discourse.
Application of a Genuine Test of Harm

The CIJ contends that a genuine test of harm should be applied before arrests are made under Section 233. The organisation questions whether the specific social media comment, in isolation, caused actual harm to the institution of the police force, suggesting that while it may have offended grieving families, it did not inflict real damage upon the force itself.
Upholding Freedom of Expression

CIJ strongly advocates for the release of the arrested individual without further charges. The organisation urges the police to refrain from making further arrests under this section of the Act, emphasizing the importance of respecting the constitutional guarantee of freedom of expression as outlined in Article 10.

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Does Section 233A stifle freedom of expression?

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