Cybercrimes bill allows authorities to infringe on privileged communication, says media council

The Cybercrimes Bill 2026 was tabled on June 22 to replace the Computer Crimes Act 1997 with a wider law covering online crime, digital fraud, identity theft, manipulated content, and the misuse of digital identification.

PETALING JAYA: The Malaysian Media Council (MMM) has voiced concern over a clause in the Cybercrimes Bill 2026 which allegedly “allows law enforcement to infringe” on privacy, and to obtain private and privileged communications without any judicial review and authorisation.

The council said the bill contains extensive powers relating to access to computer systems, preservation of computer data, interception of communications, collection of traffic data in real time, search and seizure, and covert investigative activities.

Clause 40, for example, permits the real-time collection of traffic data on the authorisation of the public prosecutor alone, it said.

It also noted that clauses 38, 39 and 41 allow for the preservation, disclosure and interception of communications and, in certain circumstances, warrantless access to computer systems without prior judicial authorisation.

MMM said legislation intended to protect Malaysians from cybercrime must incorporate safeguards to preserve constitutional liberties and ensure that legitimate journalism and other privileged communications are not inadvertently undermined.

“Without clear statutory safeguards, the exercise of broad investigative powers may have a chilling effect on investigative journalism, access to justice, whistleblowing, and the ability of citizens to seek confidential legal advice,” it said in a statement.

It said while its concern is the protection of journalistic sources and materials, the implications of the bill may extend more broadly to other recognised forms of privileged communication, including exchanges between lawyers and clients.

The council also said that while it supported the government’s efforts to combat growing cybercrime, it believes the proposed legislation would benefit from further scrutiny by a parliamentary select committee, given the bill’s far-reaching nature of the powers proposed.

It said the government should also allow for more comprehensive public deliberation and expert examination on the matter.

“MMM believes that a measured and consultative approach will ultimately strengthen the bill, enhance its legitimacy, and ensure that Malaysia adopts a cybercrime framework that is both effective in combating digital harms and fully consistent with democratic principles, constitutional guarantees, and the rule of law,” it said.

The bill was tabled for its first reading by deputy prime minister Ahmad Zahid Hamidi on June 22.

The proposed legislation seeks to replace the Computer Crimes Act 1997 with a wider law covering online crime, digital fraud, identity theft, manipulated content, and the misuse of digital identification.