Media Council Warns Cybercrimes Bill Could Allow Warrantless Access To Private Communications

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The Malaysian Media Council (MMM) has expressed concern over provisions in the proposed Cybercrimes Bill 2026, warning that several clauses could allow law enforcement authorities to access private and privileged communications without judicial oversight.

In a statement, the council said the proposed legislation grants broad investigative powers involving access to computer systems, preservation of digital data, interception of communications, real-time collection of traffic data, search and seizure, as well as covert investigative operations.

MMM highlighted Clause 40 of the bill, which allows the real-time collection of traffic data with the authorisation of the public prosecutor alone, without requiring prior approval from the courts.

The council also pointed to Clauses 38, 39 and 41, saying they permit the preservation and disclosure of computer data, interception of communications, and, in certain circumstances, warrantless access to computer systems without judicial authorisation.

While acknowledging the need for stronger measures against cybercrime, MMM stressed that any legislation aimed at protecting Malaysians must also include adequate safeguards to preserve constitutional rights and protect legitimate journalism.

It warned that without clear statutory protections, the broad investigative powers proposed in the bill could have a chilling effect on investigative journalism, whistleblower protection, access to justice and the public’s ability to obtain confidential legal advice.

The council said its concerns extend beyond the media industry, noting that the bill could also affect other forms of legally recognised privileged communications, including those between lawyers and their clients.

Although MMM supports the government’s efforts to tackle the growing threat of cybercrime, it believes the proposed law requires further examination because of the extensive powers it would introduce.

The council called for the bill to be referred to a parliamentary select committee for closer scrutiny and urged the government to allow broader public consultation and input from legal and technical experts before the legislation is finalised.

MMM said a more measured and consultative legislative process would strengthen the proposed law, improve public confidence and ensure Malaysia adopts a cybercrime framework that effectively addresses digital crime while remaining consistent with democratic principles, constitutional protections and the rule of law.

The Cybercrimes Bill 2026 was tabled for its first reading in Parliament by Deputy Prime Minister Ahmad Zahid Hamidi on June 22.

If passed, the proposed legislation would replace the Computer Crimes Act 1997 with a broader legal framework covering cyber offences such as online crime, digital fraud, identity theft, manipulated digital content and the misuse of digital identification.

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