Amendment To Communications Act Introduces Prison Sentence For Offences Against Children

KUALA LUMPUR, Dec 2 (Bernama) -- The Communications and Multimedia (Amendment) Bill 2024 proposes a provision for imprisonment of up to five years or a fine of RM500,000, or both, for offences committed against children under 18 years old.

The Bill, which seeks to amend the Communications and Multimedia Act 1998 (Act 588), was tabled by Communications Minister Fahmi Fadzil for first reading in the Dewan Rakyat today, with the second reading scheduled for the same parliamentary meeting.

According to the Blue Bill distributed in Parliament, Clause 91(c) proposes inserting a new subsection into Section 233 of the Act, prescribing higher and distinct penalties for offences against children under 18, which are classified as arrestable offences.

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The new subsection also stipulates an additional fine of RM5,000 for each day or part of a day that the offence continues after conviction.

Clause 91(a)(i) of the Amendment Bill  proposes replacing the word "obscene" with "grossly obscene" in Section 233(1), while Clause 91(a)(ii) aims to introduce a new offence under the same subsection concerning acts of fraud or deceit against any person.

Meanwhile, Subclause 91(d) of the Communications and Multimedia (Amendment) Bill 2024 proposes the inclusion of Subsections (4)(a) and (4)(b) to address the misuse of network or application services for sending obscene communications for commercial purposes.

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Under Subsection (4)(a), it will be an offence to use such services to send obscene communications for commercial purposes to any person. Subsection (4)(b) makes it an offence to allow a network or application service under one’s control to be used for activities described in paragraph (a).

“Upon conviction, offenders may be fined up to RM1 million, imprisoned for up to five years, or both, with an additional fine of RM10,000 for each day or part of a day the offence continues after conviction,” the document said.

Additionally, Clause 92 introduces a new Section 233A to prohibit individuals from sending, causing to be sent, or permitting the sending of unsolicited commercial electronic messages.

This provision aligns with a new paragraph, 16(1)(ha), granting the Minister the power to make regulations concerning such activities.

Clause 93 seeks to amend Subsection 234(3), raising the penalty for offences under Section 234 from RM50,000 to RM500,000 and increasing imprisonment from one year to five years.

Clause 94 replaces Section 235, introducing stricter penalties for offences under Subsections 235(1) and (2). It also includes a prohibition against possessing any network facility unlawfully issued under the law.

Subclauses 95(a) and (b) aim to amend Subsection 236(1) to broaden the scope of actions constituting fraud and related activities concerning access devices.

Fahmi emphasised that the MADANI Government is committed to combating online crimes, ensuring the Internet remains a safer platform for all users.

 The amendments, which revisit the Act after 26 years, enhance the scope of Section 233 to prevent misuse of network services, address social media misuse, and improve industry development and network security.

-- BERNAMA