Obscene, distressing terms lead govt to review Section 233 amid court of appeal ruling

THE Government has confirmed it is examining the constitutional validity of the words “repulsive,”  (‘jelik’) and “hurtful,” (‘menyakitkan hati’) under Section 233 of the Communications and Multimedia Act following a Court of Appeal decision, while emphasising ongoing legal proceedings.

Communications Minister Da through the Malaysian Communications and Multimedia Commission (MCMC), reaffirmed its commitment to proactively monitor and enforce online content regulations under Section 233 of the Communications and Multimedia Act 1998, covering material deemed obscene, indecent, false, threatening, or grossly offensive.

In line with institutional reforms under the MADANI agenda, the Government amended Section 233 last year, replacing the term ‘jelik’ with ‘jelik melampau’ to establish a higher threshold for offences.

The Court of Appeal recently ruled that the terms ‘jelik’ and ‘menyakitkan hati’ in the pre-amendment Section 233 are unconstitutional. However, the Government noted that the decision applies only to the law prior to the amendment.

“The Government respects the decision of the Court of Appeal and, after reviewing the constitutional and legal aspects and consulting the Attorney General’s Chambers, has filed for leave to appeal to the Federal Court,” the Minister of Communications stated in Parliament on Tuesday.

The Government urged all parties to await the Federal Court’s determination before commenting on the elements of ‘jelik’ and ‘menyakitkan hati’ in the pre-amendment law, emphasising the need to respect judicial processes and avoid sub-judice issues. - October 28, 2025