What new provisions are introduced in the Communications and Multimedia Act 1998?

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New Provisions in the Communications and Multimedia Act 1998

The amendment to the Communications and Multimedia Act 1998 introduces new provisions aimed at addressing online harm, particularly on social media. One significant addition is the explicit prohibition of sending unsolicited commercial electronic messages, commonly known as spam, especially when these messages are primarily related to scams. This amendment seeks to enhance existing measures and introduce novel clauses to better regulate the digital landscape.
Prohibition of Unsolicited Commercial Electronic Messages

A key new provision under the amended Act specifically targets the dissemination of unsolicited commercial electronic messages. This includes practices such as spamming, with a particular focus on messages associated with fraudulent activities or scams. The intention behind this clause is to curb the prevalence of deceptive and unwanted digital communications that can affect individuals and businesses.
Enhancement of Section 233 and Introduction of New Clauses

The legislative update involves improvements to existing sections, notably Section 233 of Act 588, alongside the introduction of entirely new provisions. These changes are designed to provide a more robust framework for tackling various forms of online harm. The amendment aims to update the legal mechanisms available to address the evolving nature of digital communication and its potential negative impacts.
Focus on 'Grossly Offensive' Content

While not a new provision in itself, the amendment refines the definition of prohibited content under Section 233 by focusing on "grossly offensive" material rather than merely "offensive" content. This adjustment establishes a higher threshold for offences, requiring expressions or actions to surpass established Malaysian standards of morality, norms, and cultural decorum. This clarification is intended to guide enforcement, prosecution, and judicial decisions in a more proportionate manner.

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What new provisions are introduced in the Communications and Multimedia Act 1998?

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