In response to a question posed during the on-going meeting of the Dewan Rakyat (
House of Representatives) on 28 October 2025, the Minister of Communications, Datuk Fahmi Fadzil, said that the Malaysian Government has filed an appeal to the Federal Court against the Court of Appeal’s decision in
Heidy Quah Gaik Li v Kerajaan Malaysia1 where the Court held that the prohibition against “
offensive” communication with intent to “
annoy” under section 233(1)(a) of the Communications and Multimedia Act 1998 is unconstitutional.
2
Our case note on the Court of Appeal’s decision can be accessed
here.
Alert by Lim Wen Keat (Associate) of the Technology, Media and Telecommunications Practice of Skrine.