PUTRAJAYA: The Court of Appeal has ruled that the words “offensive” and “annoy” in the former Section 233 of the Communications and Multimedia Act 1998 (CMA) are unconstitutional. Justice Lee Swee Seng, delivering the judgment, said the terms violated Article 10 on freedom of expression and Article 8 on equality, noting that causing annoyance does not amount to a public order threat. The decision, which has prospective effect, came in activist Heidy Quah’s appeal. While the government amended the law last year to include “grossly offensive,” it plans to appeal the ruling to the Federal Court.
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