Скачать или смотреть You Can Now (Legally) Be Annoying In Malaysia

For years, Malaysians lived under the shadow of Section 233 of the Communications and Multimedia Act 1998, a law so broad that it made it a crime to post something “offensive” or “annoying” online. This provision, often called the Akta Sakit Hati, was notorious for being used to silence dissent, investigate critics, and even punish satire. From the caricatures of Fahmi Reza to countless cases during the COVID-19 era, hundreds of Malaysians found themselves investigated simply because someone claimed to feel offended.

That all changed when Heidy Quah, a well-known refugee activist, stood her ground. After being charged under Section 233 for a Facebook post about the conditions in refugee detention centres, she decided not only to defend herself but to challenge the constitutionality of the law itself. In a landmark decision, the Court of Appeal struck down the words “offensive” and “annoy” as unconstitutional, affirming that free speech cannot be criminalized simply because someone takes issue with it. For the first time in decades, Malaysians could say that being annoying was no longer a crime.

But this victory comes with its own questions. Harassment and bullying are still covered under the CMA, and without clear definitions, there is a risk that authorities may stretch these terms to cover what once fell under “offensive” and “annoy.” This video explores what the ruling means, the history of Section 233’s abuse, and whether Malaysians should celebrate this as a breakthrough for free expression or remain cautious about what comes next.

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