Is the Communications and Multimedia Act 1998 being used to stifle press freedom?

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The Communications and Multimedia Act 1998 is being used in ways that critics argue stifle press freedom.

Several organisations have voiced strong objections to the Malaysian Communications and Multimedia Commission's (MCMC) actions, particularly its use of the Communications and Multimedia Act 1998, following a raid on the news portal Malaysiakini. These critics contend that the MCMC's application of this legislation amounts to intimidation and a crackdown on the press, especially when applied to news organisations reporting on matters of public interest. This stance suggests a broader concern that the Act is being employed in a manner that curtails media independence and freedom of expression.
Raid on Malaysiakini over Video Clips

The MCMC conducted a raid on Malaysiakini's offices, confiscating two computers. This action was reportedly in response to two video clips uploaded in July featuring a press conference by former Umno politician Datuk Khairuddin Abu Hassan. These clips were critical of Attorney-General Tan Sri Mohamed Apandi Ali. Malaysiakini stated that the investigation is proceeding under Section 233 of the Communications and Multimedia Act 1998, which pertains to the alleged improper use of network facilities.
Concerns Over Use of Communications and Multimedia Act 1998

The Institute of Journalists Malaysia (IoJ) has criticised the MCMC's reliance on the Communications and Multimedia Act 1998, drawing a parallel to its previous use of the same law to block the news portal The Malaysian Insider. The IoJ considers the application of criminal laws against news organisations for publishing stories of public interest to be unacceptable and potentially an act of intimidation. They advocate for aggrieved parties to engage with media organisations directly or pursue legal recourse through civil courts, rather than through actions that could be seen as suppressing reporting.
Allegations of Politically-Motivated Crackdown

Suara Rakyat Malaysia (SUARAM) has labelled the raid as a politically-motivated crackdown on free media and expression. SUARAM argues that there is no legal basis for investigating media outlets under Section 233 for hosting video coverage of a press conference online. They describe the application of the Act in such circumstances as absurd, suggesting it creates a precedent where individuals or organisations could be penalised for merely sharing or reporting on third-party statements or information.
Precedent of Similar Actions Against Malaysiakini

This is not the first time Malaysiakini has faced scrutiny involving the MCMC and law enforcement. Approximately a year prior to this incident, the news outlet was subjected to a joint raid by the MCMC and the police. That raid was related to a news report concerning the transfer of a deputy public prosecutor who was seconded to the Malaysian Anti-Corruption Commission’s special operations division, and a computer was also seized during that event.

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Is the Communications and Multimedia Act 1998 being used to stifle press freedom?

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