KUALA LUMPUR – The Federal Court has granted the government permission to appeal against the Court of Appeal’s ruling that deemed the words “offensive” and “annoy” under Section 233 of the Communications and Multimedia Act 1998 (CMA) unconstitutional and invalid.
A three-member panel led by Court of Appeal President Datuk Abu Bakar Jais, together with Federal Court judges Tan Sri Nallini Pathmanathan and Datuk Nordin Hassan, reached the decision unanimously, Bernama reported.
The bench accepted two of the four legal questions proposed by the government, and introduced an additional question of its own.
“We are unanimous in our decision to allow Question 3 and Question 4 of the motion. We will also formulate another question of law, namely, what is the effect of Article 4(2) of the Federal Constitution in the circumstances of this case,” said Justice Abu Bakar.
The two approved questions concern the interpretive approach of similar legislation in the United Kingdom and Europe in relation to Section 233 of the CMA and Article 10 of the Federal Constitution.
The additional question examines whether the section’s objective—including the words “offensive” and “annoy”—is to curb misuse of public electronic communication networks and uphold societal standards, and whether such intent aligns with the public order and morality provisions under Article 10(2) of the Federal Constitution.
The Federal Court will determine the substantive appeal at a later date. The bench also granted the government’s application to stay the Court of Appeal’s decision pending the conclusion of the appeal.
“We grant the application based on the undertaking of the applicant (government) that they will not continue with any prosecution of cases of the motion,” Justice Abu Bakar said.
On August 19, the Court of Appeal had, in a unanimous decision, declared the words “offensive” and “annoy” under Section 233 unconstitutional. However, the ruling was applied prospectively, ensuring that previous cases would not be revived.
The decision stemmed from a legal challenge by activist Heidy Quah Gaik Li, who sought to invalidate the relevant provisions of the Communications and Multimedia Act 1998. – November 13, 2025