00:00The Court of Appeal has unanimously struck down as unconstitutional the words offensive
00:06and annoy in the previous iteration of Section 233 of the Communications and Multimedia Act 1998,
00:12which criminalizes the online transmission of offensive comments.
00:16Justice Lee Swee Seng said the words violated Article 10 subsection 2A of the Federal Constitution
00:23read together with Article 8. He also said a charge of offending and annoying a third party
00:29could not be construed as going against public order. Lee said today's decision would have a
00:34prospective effect, meaning that parties in ongoing criminal proceedings under the old law could
00:39leave it to the trial judge to decide. Lee said in a society like Malaysia's, citizens are supposed
00:45to give space to one another by appreciating and accommodating their views, thoughts and ideas
00:50on a range of topics. He also said that Section 233 of the CMA provided no standards as to what
00:58amount to offensive or what would amount to an intent to annoy. Lee added that free speech would be
01:04deterred as the offense under Section 233 carried a fine of up to RM50,000, a maximum one-year jail term,
01:11or both upon conviction. Natasha Abused, FMT
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