Cases
JUDGMENT
Nallini Pathmanathan FCJ:
Introduction
[1] This is an appeal by the Government of Malaysia ('the Appellant') against the decision of the Court of Appeal, which held that the words 'offensive' and 'annoy' ('the impugned words') within s 233(1)(a) of the Communications and Multimedia Act 1998 ('CMA') are unconstitutional and struck them down.
[2] Section 233(1)(a) CMA, as it was then worded, read as follows:
"233. Improper use of network facilities or network service, etc.
(1) A person who-
(a) by means of any network facilities or network service or applications service knowingly-
(i) makes, creates or solicits; and
(ii) initiates the transmission of,
any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person;...