In this analysis ARTICLE 19 provides a close look at the Malaysian Draft Cyber Security Bill (the Draft Bill) for its compliance with international freedom of expression standards.
ARTICLE 19 has worked for many years with several civil society organisations to analyse the state of freedom of expression in Malaysia, as well as on cybercrime issues generally. Against the backdrop of an increasingly repressive environment for journalists, human rights defenders, and land rights defenders in Malaysia and of existing censorship under the Communication and Multimedia Act 1998 (CMA), we are gravely concerned that the Bill will be a mechanism for government control over intermediaries. Although posing as a ‘cybersecurity’ instrument, the Bill will give the government unaccountable control of computer-related activities, as well as nearly unlimited search and seizure powers. Its criminal provisions do not require any actual intent to violate, effectively introducing many strict liability offences. We fear that the broad language of the Bill will likely be abused to further restrict online freedom of expression and dissent in the country.
