Govt to appeal court ruling decriminalising offensive online comments, says Fahmi

The Malaysian government plans to challenge a court ruling that effectively decriminalised offensive online comments under Section 233 of the Communications and Multimedia Act 1998, The Edge Malaysia reported.

Communications Minister Fahmi Fadzil told Parliament on Wednesday, while concluding the debate on the 13th Malaysia Plan, that the attorney general would lodge the appeal with the Federal Court.

“I will monitor and follow the appeal process, and leave the matter to the attorney general’s chambers,” Fahmi said, according to The Edge Malaysia.

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The move follows a unanimous decision by the Court of Appeal in Putrajaya, which ruled that the words “offensive” and “annoy” in Section 233 were unconstitutional, The Star reported.

Chaired by Federal Court judge Justice Lee Swee Seng, a three-judge panel found the wording inconsistent with Article 10 of the Federal Constitution, declaring it void.

Justice Lee said restricting speech on the basis of offending or annoying a third party was not a permissible limit on freedom of expression. Without a clear standard for what counts as “offensive”, Section 233 could force all online speech to be “sanitised,” giving authorities broad power to police discourse and creating a chilling effect, the judge added.

He also noted that false statements could still be prosecuted under Section 233 if intended to abuse, threaten, or harass, making broader restrictions unnecessary.

The case stems from activist Heidy Quah of NGO Refuge for the Refugees, who sought to have the words “offensive” and “annoy” declared null and void. In 2021, she faced trial over a Facebook post highlighting alleged mistreatment of refugees at immigration detention centres, including the experience of a detained woman and her newborn.

Quah was first summoned for police questioning in 2020 and charged a year later. Her initial civil action was dismissed by the High Court in 2023, prompting the appeal.

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