The Centre for Independent Journalism and Article 19 said the amendments would grant the Malaysian Communications and Multimedia Commission (MCMC) and communications minister overreaching powers without oversight, which could lead to censorship.

They cited, among others, the proposed amendment to Section 51A to grant MCMC or any of its members or agents immunity from prosecution or other proceedings for any actions under the law “in good faith”.

“This ouster clause, which includes a vague and arbitrary notion such as ‘good faith’, would enable the abuse of power and create an accountability gap for human rights violations, allowing for impunity for those public officials.

“Furthermore, the possibility of arbitrary investigations without access to a remedy violates due process, fair trial, and access to justice rights,” they said in a joint statement.

The NGOs also said the bill would provide disproportionate punitive measures, with the punishment for the improper use of network facilities increased from a maximum one- to two-year jail term, and the maximum fine raised 10-fold from RM50,000 to RM500,000.

That particular provision, Section 233 of the CMA, also remains vague and could lead to arbitrary interpretations, they added.

“The amendments further enhance investigative powers to search and seize without a warrant for any ‘authorised officer’ in addition to the police under Section 248. However, they fail to include adequate safeguards against abuse.

“To ensure alignment with Malaysia’s human rights obligations, we urge the Madani government to delay the second reading of the bill until further meaningful public and stakeholder consultations have been conducted.”

They also called for the repeal of Section 233 as a whole, as the offences it covered overlapped with provisions in the Penal Code.

The first reading of the bill to amend the CMA was tabled by communications minister Fahmi Fadzil in the Dewan Rakyat yesterday.