The passing of Communications and Multimedia Act amendments and the Online Safety Act marks a dark chapter for freedom of expression and democratic accountability in Malaysia, underscoring the urgent need for systemic reform.
Of the 184 MPs present during the CMA amendments vote, only 100 participated. Similarly, the Online Safety Bill vote saw 132 MPs participate, reflecting marginal improvement.
This absenteeism undermines parliamentary credibility, leaving critical decisions on regressive laws to a fraction of elected representatives.
All MPs voting in favour of the CMA amendments came from the ruling coalition, including 62.7% from Pakatan Harapan, which had pledged to amend draconian laws including the CMA.
Our policymakers also failed to fully use parliamentary mechanisms during the CMA amendments debate. While MPs from both sides of the political divide suggested referring the bill to a parliamentary special select committee, no motion was filed under standing order 54 to initiate the process.
This was also seen in the MCMC (Amendment) Bill 2024, yet the Communications Minister deferred it to two special select committees -underscoring the arbitrary and inconsistent use of the committee referral process.
This selective approach undermines equitable legislative scrutiny and raises concerns about the impartiality of decision-making in Parliament.
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The MPs’ failure to refer the CMA amendments to a special select committee reflects a missed opportunity to leverage this accountability mechanism to review and repair legislations, especially those that expand state power at the expense of fundamental liberties.
Such inconsistencies raise serious doubts about policymakers’ commitment to ensuring consistent and effective scrutiny of bills and protecting constitutional rights and freedoms.
The tabling of both bills exposed the longstanding issue of unstandardised timeframes between first and second readings.
For the CMA amendments, MPs were given just one week to examine the bill, and for the Online Safety Bill, only a day – both insufficient periods for meaningful deliberation.
These rushed processes undermine the quality of policy debates and reinforce executive dominance over legislative procedures.
Suaram reiterates calls by civil society to refer the CMA amendments and Online Safety Act to a select committee of the Senate for further review and consultation.
Urgent action is needed to repeal Sections 211 and 233 of the CMA, address MCMC overreach and ensure the law aligns with Article 10 of the Federal Constitution and international freedom of expression standards.
The restoration of legislative integrity requires concerted efforts by both MPs and Parliament. This includes establishing a mandatory two-week period between the first and second readings of bills to allow MPs enough time for substantive debates.
Suaram also urges MPs to critically reflect on their roles as legislators and fulfil their responsibility to leverage parliamentary mechanisms, including special select committees, effectively. This would ensure that the public interest and fundamental freedoms are prioritised over partisan loyalty. – Suaram
Sevan Doraisamy is the executive director of the human rights group Suaram
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