Repeal legislations that negate freedom of speech: Bar Council

PETALING JAYA: The Bar Council has called upon the government to cease its use of Sections 233(1)(a) and 263(2) of the Communications and Multimedia Act 1998 (CMA) and to repeal these legislations as it negates the exercise of freedom of speech, expression, opinion and thought.
Bar Council vice president George Varughese said while the Sedition Act 1948 remains a serious threat to freedom of speech and expression, the misuse of Sections 233(1)(a) and 263(2) of the CMA gives rise to the perception that it is yet another "dressed-up political weapon".
"Section 233(1)(a) of the CMA criminalises, among others, the use of network facilities or network services by a person to transmit any communication that is deemed to be offensive and could cause annoyance to another person.
"It is broad in scope, vague and ambiguous, with entirely subjective terms such as 'offensive' and 'annoy', and has been used to quash contrary or dissenting voices in the public sphere.
"Another provision of the CMA that has been abused is Section 263(2), which provides for the barring of public access to websites. This has been perceived as intimidation and harassment of the media," he said in a statement today.
Stating that in 2016 alone there were 39 cases reported under the CMA including persons questioned, arrested, charged or sentenced, Varughese said the continuing misuse of Sections 233(1)(a) and 263(2) of the CMA is a serious encroachment on the freedom of speech and expression guaranteed under Article 10(1)(a) of the Federal Constitution and, more critically, the freedom of opinion and thought.
"Its use to stifle all forms of dissent continued unabated into the new year, as it was reported on Saturday that a man in Dungun, Terengganu had been arrested for allegedly criticising the Prime Minister," he said.
As such, Varughese opined that while freedom of expression is not absolute, any restriction of this fundamental liberty must be reasonable and proportionate, and cannot be founded on any arbitrary or unlawful exercise of power by the authorities.