Malaysia’s civic space continues to be rated as ‘obstructed’ by the CIVICUS Monitor in its December 2024 report. Among ongoing concerns are the array of restrictive laws, especially the Communication and Multimedia Act 1998 (CMA) and the Sedition Act, that have been used to silence online dissent and to harass human rights defenders. Critical news websites and blogs have been blocked. Peaceful protesters continue to be hauled in by the police for questioning under the Peaceful Assembly Act. Malaysia has also yet to ratify the International Covenant on Civil and Political Rights (ICCPR).
The government has continued to ignore recommendations made at the UN Human Rights Council in January 2024 to improve civic space including to ratify the ICCPR and review, amend or abolish restrictive laws that violate or limit the right to freedom of expression and peaceful assembly
Human rights group SUARAM released a report in December 2024 and highlighted the continued use of the Sedition Act, Section 233 of the Communications and Multimedia Act (CMA), and the Printing Presses and Publications Act (PPPA) to restrict freedom of expression. Further, according to the group, close to 40 percent of all protests were investigated by the police and, in some instances, police intimidated and ill-treated protesters.
In the same month, the Centre for Independent Journalism (CIJ) also released a report which showed that the government has continued to use a range of restrictive laws to investigate or charge individuals for their expression. Besides the Sedition Act and CMA, other legislation used included Section 505(b) of the Penal Code (criminalises statements relating to public mischief), Section 500 of the Penal Code (riminalises defamation) and Section 298/Section 298(a) of the Penal Code (uttering words, etc., with deliberate intent to wound the religious feelings of any person; causes, attempts to cause, or is likely to cause disharmony, disunity, or feelings of enmity, hatred, or ill will). It did, however note, progress toward enacting Right to Information and Media Council laws.
In recent months, police intimidated a human rights group for an exhibition on police abuse while activist Fahmi Reza was harassed and criminalised. The Sedition Act was used to investigate and prosecute individuals, and a new Online Safety Act was passed that could be used to restrict free expression. Regressive amendments to the Communications and Multimedia Act were passed, the courts upheld a film ban and books were banned. Police detained pro-Palestine protesters and sought to restrict peaceful protests. There were also concerns about the facilitation of transnational repression.
Expression
Police intimidation of exhibition by human rights group
New press statement:
— Suara Rakyat Malaysia (@SUARAMtweets) December 19, 2024
HEAVY POLICE INTIMIDATION OF SUARAM’S POLICE ACCOUNTABILITY EVENT IN PENANG https://t.co/8YBlpgKRgE
In December 2024, police intimidated staff of human rights group SUARAM, before and during its three-day exhibition on deaths and torture in police custody in the state of Penang.
According to SUARAM, the night before the exhibition, multiple visits were made by different groups of police officers from the Timur Laut police station. They photographed exhibition props, questioned SUARAM staff in an aggressive manner, and attempted to take the identity cards of all SUARAM staff members. Separately, they insisted that a "permit" was required for their banner, which was not even displayed and only temporarily placed outside alongside other props during the venue setup.
On the morning of the first day of the exhibition, 19th December 2024, police patrol cars were observed patrolling the area. This was followed by a continuous heavy presence of police officers outside the venue, with officers repeatedly attempting to enter the exhibition space.
SUARAM said: “These actions not only disrupt civil society’s efforts to promote accountability but also create a chilling effect on public discourse about critical human rights issues.
Harassment and criminalisation of activist and artist Fahmi Reza
Aku dah sampai Bukit Aman untuk aku punya "first date" dengan polis untuk tahun 2024 ❤️
— Fahmi Reza (@kuasasiswa) December 19, 2024
Wish me luck!#SatireIsNotACrime #AktaSakitHati #AktaHasutan pic.twitter.com/lmwSCginYX
On 18th December 2024, the police called in artist and activist Fahmi Reza for questioning for a satirical graphic of the former Sabah Chief Minister Musa Aman posted on Facebook on 17th December 2024.
Reza was being investigated for his illustration on Facebook that displayed the words ‘Koruptor No.1 Sabah’ (No.1 corruptor in Sabah) posted on his Facebook page. The image was posted after the appointment of Musa Aman as the state’s 11th governor. He had previously been charged for corruption.
Reza was investigated under Section 4 of the Sedition Act 1948, Section 233 of the Communications and Multimedia Act (CMA) 1998, and Section 504 of the Penal Code. According to ARTICLE 19, these provisions are often weaponised to criminalise dissent, intimidate critics and silence artistic expression.
On 30th December 2024, he was arrested again by the police in the state of Sabah under the Sedition Act after he put up a mural of the satirical graphic in the city of Kota Kinabalu. He was remanded in custody for a day before being released on bail.
Previously, in mid-December 2024, Reza’s TikTok account was taken down by the social media platform and permanently banned while he was livestreaming a lecture session on student activism at the University of Malaya campus.
Sedition Act used to investigate and prosecute individuals
Despite promises by the government that they would repeal the Sedition Act - that has been used to criminalise expression- it has continued to be used. Individuals could face as long as three years in prison if found guilty.
In August 2024, former Malaysian Prime Minister Muhyiddin Yassin, who currently leads the main opposition coalition, was charged with sedition for allegedly insulting the country’s previous king. On 27th August 2024, Muhyiddin appeared in court in the northeastern town of Gua Musang where he pleaded not guilty.
Lawyer Rafique Rashid Ali was targeted by a sedition probe in October 2024, over a speech made at a rally against the Prime Minister in Perak state on 27th July 2024.
On 19th December 2024, police arrested the owner of a TikTok account in Johor state who is believed to have made insulting statements targeting the royal institution and Prime Minister Anwar Ibrahim. He was being investigated under Section 4(1) of the Sedition Act 1948 and other laws.
On 30th December 2024, the Kuala Lumpur Sessions Court found a Sarawak political leader, Iswardy Morni, guilty under Section 4(1)(a) of the Sedition Act for posting inflammatory and disrespectful statements about the King on his Facebook page three years ago.
Passage of Online Safety Act a blow to free expression
Civil society organisations strongly condemned the passage of the Online Safety Act in December 2024. The groups said that “instead of providing transparency and accountability mechanisms, many aspects of the law pose significant risks to freedom of expression”.
Among the concerns raised in the bill were the absence of an independent oversight body. Under the law, the Malaysian Communication and Multimedia Commission (MCMC) – which is not independent in law or practice – is granted excessive power to control and monitor online content and activities, including to install surveillance devices without proper safeguards.
Further, the law contains a broad and vague list of different types of “harmful content” which risks the removal of lawful expression from the internet, and potential government manipulation
The groups have called for the law to be brought in line with freedom of expression standards and for the establishment of an independent Online Safety Commission free from government interference as an effective regulatory body and accountability mechanism.
Regressive amendments to Communications and Multimedia Act
These proposed laws hand MCMC sweeping powers to search, seize, and demand private data—no safeguards, no accountability, and no protection for journalistic sources. Privacy and due process are being legislated away. #AktaSakitHati #Repeal233 pic.twitter.com/BW0Kn7TPF1
— ARTICLE 19 (Malaysia) (@Article19Msia) December 8, 2024
On 9th December 2024, regressive amendments to the Communications and Multimedia Act 1998 (CMA) were passed despite criticism from civil society.
According to civil society groups, the amendments provide, among other things, for an alarming expansion of the Malaysian Communication and Multimedia Commission (MCMC)’s powers to decide what kind of content is to be online and removed, to compel service providers to provide user data and to suspend the services of Content Application Service Providers (CASPs) for non-compliance.
The amendments allow the MCMC and its ‘authorised officers’ to enter premises, conduct search and seizure without a warrant, and compel social media platforms to disclose user data upon request without any judicial oversight. Separately, the MCMC Act has been amended to give the MCMC immunity from any court or other proceedings.
The amendments also increase already disproportionate punitive measures for offences such as providing offensive content by CASPs. It further fails to repeal some of the key provisions undermining freedom of expression, namely Sections 211 (prohibition of provision of offensive content by content application service providers) and 233 (improper use of network facilities), despite repeated demands by civil society organisations.
Court upholds government decision on film ban
The court’s decision won’t deter Mentega Terbang’s unwavering fight. Their move to appeal for judicial review is a powerful stand for creativity & justice. Silencing the voices of artists is censorship, going against the right to artistic freedom which is protected under int. law pic.twitter.com/HmI0mOzaFX
— FreedomFilmFest 🎥 (@freedomfilmfest) January 7, 2025
On 6th January 2025 the High Court dismissed a judicial review application filed by the director and producer of the film “Mentega Terbang” (literally translated as Butterfly), against the ban on its screening and publicity.
“Mentega Terbang” is an independent movie about the religious conflict faced by Muslim teenager Aisyah, who explores other religions, especially for answers to the question of life after death. Previously screened via online streaming platforms, it was criticised over some scenes which were said to go against Islamic teachings and beliefs.
The home ministry banned the film in September 2023 under Section 26 of the Film Censorship Act (2002) on the grounds that it is ‘contrary to the public interest,’ two years after its release in 2021.
The director and producer of the film “Mentega Terbang” were also charged in the magistrates’ court on 17th January 2024. The charge was framed under Section 298 of the Penal Code for ‘intentionally wounding the religious feelings of others’, which carries a punishment of imprisonment for up to one year, a fine, or both, upon conviction.
Government imposes ban on six books
The government has continued to use the Printing Presses and Publications Act 1984 (PPPA) to ban books.
On 7th January 2025, The Home Ministry confirmed that the government has imposed a ban on six book titles, citing concerns over their ‘potential harm to the nation’s moral values’.
Subsection 7(1) of the PPPA prohibits the printing, importation, reproduction, publication, sale and distribution of materials that could harm public morals. Individuals found guilty of violating these provisions may face imprisonment of up to three years, a fine not exceeding RM20,000, or both, according to subsection 8(2) of the Act.
At least four of the six books include LGBTQI characters and themes. According to Justice for Sisters (JFS), the ban on the four books is part of rising trends of state-sponsored LGBTQI censorship and discrimination that JFS has been observing. Specific to the PPPA, the law has been used at least 11 times to ban LGBTQI-related publications, namely books and Pride-themed watches between 2020 and 2024.
Peaceful Assembly
Police detain seven pro-Palestine protesters near US embassy
We stand in solidarity with the pro-Palestine protesters who were detained near the US Embassy yesterday. We're deeply concerned by the actions of the authorities and the state of freedom of expression under @anwaribrahim's government
— Amnesty International Malaysia (@AmnestyMy) October 1, 2024
Full statement here: https://t.co/9qvmRZTBK1 pic.twitter.com/RWdXoW6F6s
On 30th September 2025, police detained a group of around seven pro-Palestine protesters who had gathered near the US embassy in Kuala Lumpur.
According to Malaysiakini, the group had gathered for about an hour near the embassy’s rear entrance, when police took photos and filmed them. When they tried to disperse, the police asked for their identification cards and they were subsequently detained and taken to the Pudu district police headquarters and detained for three hours.
All seven protesters accompanied by two lawyers were questioned under Section 9(5) of the Peaceful Assembly Act (PAA) 2012 before being allowed to leave.
Amnesty International Malaysia said: “The arrest of these demonstrators for voicing their stance on an issue of international concern – the ongoing atrocities in Gaza and Lebanon – sends a chilling message about the state of free speech and the right to protest in Malaysia.”
Police attempt to block or restrict protests
In recent months, police have also tried to restrict or block protests despite the fact that under the Peaceful Assembly Act (PAA) 2012, protest organisers are only required to notify the police and not seek permission.
Anti-incinerator chants reverberated in Selayang, Selangor, this morning as over 120 protesters rallied in front of the Selayang Municipal Council (MPS) office.
— malaysiakini.com (@malaysiakini) October 1, 2024
Banding together under a coalition called the Rawang Tolak Insinerator (RTI) Network, they demanded the authorities… pic.twitter.com/m5RhHnCgq0
In September 2024, a group protesting an incinerator project in Gombak was blocked from holding a protest by the police. The Rawang Tolak Incinerator Network (RTI) said it had received a letter from the Gombak district police headquarters citing safety concerns, location suitability, traffic congestion and public order as reasons to forbid the protest against an incinerator project. Despite this, protests when ahead on 1st October 2024.
In December 2024, police said they had rejected applications by the organisers of the ‘Perhimpunan Aman Gempur Rasuah’ protest on corruption in Sabah so as not to interfere with a carnival. Sabah Chief Commissioner of Police said the applications were also incomplete. Nevertheless, on 31st December 2024, around 200 people gathered peacefully.
On 4th January 2025, police said it had rejected an application to hold a solidarity rally in support of former prime minister Najib Razak, planned to take place at the Palace of Justice in Putrajaya, the administrative capital. The Putrajaya police chief said they found that the application was incomplete, and the police denied approval for the rally. Police said they would erect roadblocks around Putrajaya and check individuals entering. Despite this, at least 3,000 people gathered outside the Palace of Justice for the rally.
Association
Concerns about the facilitation of transnational repression
Jakarta, 7 October 2024 – The ASEAN Parliamentarians for Human Rights (APHR) are deeply troubled by the case of Nuon Toeun, a 36-year-old domestic worker who has faced alarming events after being deported from Malaysia back to Cambodia.https://t.co/RuytNRJ8DJ pic.twitter.com/zYWQM7QlMg
— APHR (@ASEANMP) October 7, 2024
There are ongoing concerns that the Malaysia government is facilitating transnational repression by seeking to arrest and deport activists and critics who are being pursued by repressive regimes.
In October 2024, Malaysia police arrested a Cambodian worker for her criticism of long-time former leader Hun Sen in a Facebook post. Nuon Toeun, a domestic worker for the past six years, was arrested at her employer’s home in the state of Selangor. According to Radio Free Asia, Nuon Toeun was escorted to Cambodia by an embassy official and was handed over to Cambodian authorities by Malaysian immigration officers. She was then detained in in pre-trial custody in Correction Center 2, also known as Prey Sar prison, in Phnom Penh and charged with “incitement to disturb social security”.
Previously, in August 2024, the Malaysia government attempted to deport Egyptian human rights defender and asylum seeker Ahmed Hassanine Mohamed Mousa. According to human rights group SUARAM, he has been arrested, tortured, and arbitrarily detained by the Egyptian authorities for his involvement in peaceful protests prior to seeking asylum in Malaysia. Following a legal challenge on 14th August 2024, the Kuala Lumpur High Court granted Ahmed’s application for a stay of deportation and for access to the UN High Commission for Refugees.
In January 2023, activists expressed shock over the deportation of Pakistani journalist Syed Fawad Ali Shah to his home country.
In another case, journalist Syed Fawad Ali Shah, disappeared in Malaysia on 23rd August 2022 for reasons that were not known until January 2023, when Malaysia’s home affairs minister finally acknowledged that he had been deported back to Pakistan in August 2022 at the request of the Pakistan High Commission in Kuala Lumpur. Syed Fawad Ali Shah was released from prison in Pakistan after he had been detained for more than six months following his deportation.