Why is an activist suing the Malaysian government over online comments?

Question

Accepted Answer

Activist Challenges Malaysian Law Criminalising Online Comments Deemed "Offensive" or "Annoying"

Malaysian activist Heidy Quah Gaik Li has initiated legal proceedings against the government, challenging specific provisions within Section 233 of the Communications and Multimedia Act. Quah contends that these provisions, which criminalise online comments deemed "offensive" or intended to "annoy" others, are unconstitutional and infringe upon the fundamental right to freedom of speech and expression guaranteed by Article 10 of the Federal Constitution. The lawsuit, filed on August 30 in the High Court in Shah Alam, seeks a court order to invalidate the words "offensive" and "annoy" within the context of Section 233.
Legal Basis of the Challenge

The core of Quah's legal challenge targets Section 233(1)(a) of the Communications and Multimedia Act. This section criminalises the transmission of any online comment that is "obscene, indecent, false, menacing or offensive" with the "intent to annoy, abuse, threaten or harass another person." Quah argues that the specific inclusion of the words "offensive" and "annoy" renders the law an impermissible prohibition rather than a constitutionally valid restriction on speech. Her legal team asserts that these terms are not a proportionate restriction for a legitimate aim under Article 10(2)(a) of the Federal Constitution, which permits Parliament to impose restrictions in the interest of national security, public order, or morality.
Personal Context of the Lawsuit

Quah's civil action is directly linked to a criminal charge she faces under the same Section 233. She was charged on July 27 for a Facebook post made on June 5, 2020, in which she highlighted alleged mistreatment of detainees at immigration detention centres. This prior charge under Section 233(1)(a) for making "offensive communications" has prompted her to seek a judicial review of the law's constitutionality. The potential penalties for an offence under this section include a maximum fine of RM50,000, a jail term of up to one year, or both, along with a daily fine of RM1,000 for continued offences.
Procedural Steps and Previous Actions

The civil lawsuit filed through an originating summons by the law firm AmerBON is scheduled for online case management at the High Court in Shah Alam on September 14. Concurrently, Quah's criminal case, where she has pleaded not guilty and claimed trial, is set for mention on September 6 in the Kuala Lumpur Sessions Court. The trial for her criminal case has not yet commenced, underscoring the ongoing legal processes surrounding the interpretation and application of Section 233 of the Communications and Multimedia Act.

Reading history

Hide →

This history is cleared when the page is closed.

Why is an activist suing the Malaysian government over online comments?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends