COMMUNICATION AND MULTIMEDIA ACT 1998 : SECTION 211 & 233

What is section 211 and 233 of the CMA 1998?

section 211 (1) provides that:

No content applications service provider, or other person using a content application service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.

the punishments are fine up to RM50,000 or imprisonment not exceeding one year and further fine of RM1000 for each day that the continuance of that offence after the offender had been convicted by the court.

Section 233 (1)  further provides:

Improper use of network facilities or network service, etc. 233. 

(1) A person who— 

(a) by means of any network facilities or network service or applications service knowingly— 

(i) makes, creates or solicits; and (ii) initiates the transmission of, 

any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or 

(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address, commits an offence.

(2) A person who knowingly— 

. (a)  by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or 

. (b)  permits a network service or applications service under the person’s control to be used for an activity described in paragraph (a), commits an offence. 

The following case falls under section 211/233 of the CMA 1998 :

Dato' Zaid Ibrahim allegedly used the internet's application services to voluntarily make the offensive statement with the headline,"Rally Behind Tun Dr Mahathir Mohamad" at http://www.zaid.my. The blogpost also called for Datuk Seri Najib Razak to resign as the Prime Minister. On Sept 2, Zaid, who is also one of  the Parti Kesejahteraan Insan (KITA) former president allegedly gave a speech at the Royal  Selangor Club,Petaling Jaya and uploaded it in his blog the following day.

ISSUE:  Dato' Zaid allegedly making an offensive statement about Tun Dr Mahathor Mohamad and Datuk Seri Najib Razak in his blog.

RELATED LAW: Section 233

APPLICATION: Dato' Zaid is charged for maximum RM 50,000 fine or up to one year's jail, or both, upon conviction.

CONCLUSION : The charge under Section 233(1)(a) of the Communications and Multimedia Act 1998 (Act 588), punishable under Section 233(3) of the same Act, carries a maximum RM50,000 fine or up to one year's jail, or both, upon conviction.A total of 10 prosecution witnesses testified.

Reference:

1)https://www.thestar.com.my/news/nation/2018/08/02/high-court-upholds-zaid-ibrahims-acquittal-for-offensive-statements-against-najib/#1WvrWkCUZdqRYHhS.99

2)https://www.thestar.com.my/news/nation/2018/08/02/high-court-upholds-zaid-ibrahims-acquittal-for-offensive-statements-against-najib/

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