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Lawyers: Federal Court’s ‘pivotal’ ruling raises bar for prosecuting Malaysians over offensive online remarks

Team ABA February 6, 2026

Malay Mail | The Federal Court ruled that the government has to meet higher standards before it can charge a Malaysian with “offensive” online remarks with the “intent to annoy” under section 233 of the Communications and Multimedia Act. Activist Heidy Quah’s lawyer New Sin Yew said that the Federal Court has now made clear that such action cannot be taken against political speeches.

Section 233 of CMA serves purpose in multiracial society: Federal Court

Team ABA February 6, 2026

Scoop | The Federal Court decided there was no basis to prosecute activist Heidy Quah under section 233(1)(a) of the Communications and Multimedia Act, as her Facebook post did not amount to a communication that was “offensive with intent to annoy”, as the content was not offensive and the mens rea element of “intent to annoy” was absent. Quah’s legal team included lawyer New Sin Yew.

Online speech restrictions constitutional, rules apex court

Team ABA February 6, 2026

Free Malaysia Today | The Federal Court ruled that there was no basis to prosecute activist Heidy Quah on the grounds that a Facebook post she had made was “offensive” and communicated “with intent to annoy”, although those words under section 233 of the Communications and Multimedia Act 1998 were constitutional. Heidy Quah’s legal team included New Sin Yew.

Federal Court restores ‘annoyance’ offence in communications law

Team ABA February 6, 2026

Malaysiakini | The Federal Court has reinstated a provision in the Communications and Multimedia Act that criminalises content that “annoys” or is “offensive”. However, the court affirmed the Court of Appeal’s decision that activist Heidy Quah should not have been charged under the provision in September 2021 for her Facebook post. New Sin Yew, among others, represented Quah.

Joint press release: 5th Interface Meeting between the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)

Team ABA February 6, 2026

AICHR | The 5th Interface Meeting between AICHR and ACWC was chaired by Edmund Bon, AICHR Chair and Representative of Malaysia to AICHR. It continued AICHR and ACWC’s constructive cooperation on the promotion and protection of the rights of women and children in the region.

2nd ASEAN Dialogue on Human Rights and Policing, 26–27 January 2026

Team ABA February 2, 2026

AICHR | The 2nd ASEAN Dialogue on Human Rights and Policing convened by AICHR aimed to advance practical cooperation on human rights-based policing across ASEAN. Participants discussed regional and national approaches to strengthening integrity, accountability, and professionalism in policing, including integrity mechanisms, and policing vulnerable groups and crisis situations.

Court to rule on Muhyiddin’s 2021 advice to suspend Parliament

Team ABA January 9, 2026

Free Malaysia Today | The High Court has fixed 29 April 2026 to deliver its decision in a judicial review case brought by two government backbenchers challenging former PM Muhyiddin Yassin’s advice that the Yang di-Pertuan Agong suspend Parliament in 2021 during the COVID-19 pandemic. New Sin Yew acted for BERSIH, a co-applicant.

Lima kes rasuah dihadapi Shamsul Iskandar dibicarakan bersama

Team ABA January 8, 2026

Bernama | Kes rasuah Datuk Seri Shamsul Iskandar Mohd Akin di Mahkamah Sesyen Shah Alam akan dibicarakan bersama empat lagi pertuduhan rasuah melibatkan kelulusan lesen penerokaan mineral di Sabah yang dihadapinya di Mahkamah Sesyen di Kuala Lumpur. Pihak pembelaan beliau termasuk Datuk Amer Hamzah Arshad dan Joshua Tay.

Shamsul Iskandar kemuka permohonan pindah pertuduhan rasuah ke Mahkamah Tinggi

Team ABA January 8, 2026

Sinar Harian | Datuk Seri Shamsul Iskandar Mohd Akin membuat permohonan untuk memindahkan pertuduhan rasuah yang dihadapinya ke Mahkamah Tinggi kerana ingin membangkitkan isu berkaitan undang-undang melibatkan pertuduhan terhadapnya di peringkat Mahkamah Tinggi. Pihak pembelaan beliau termasuk Datuk Amer Hamzah Arshad dan Joshua Tay.

Shamsul Iskandar’s five corruption cases to be tried together

Team ABA January 8, 2026

The Star | Five corruption case involving Datuk Seri Shamsul Iskandar Mohd Akin, all linked to the approval of a mineral exploration licence in Sabah, will be tried together at the Kuala Lumpur Sessions Court. Datuk Amer Hamzah Arshad and Joshua Tay represent the former senior political secretary to the Prime Minister.

Shamsul’s lawyers warn public comments could prejudice trial

Team ABA January 8, 2026

Malaysiakini | Lawyers representing Shamsul Iskandar Akin, former aide to PM Anwar Ibrahim, have sent a letter to the government, citing public comments which they claimed risk prejudicing his trial. Shamsul’s legal team includes lawyers Amer Hamzah Arshad and Joshua Tay.

Shamsul Iskandar’s defence may file representation

Team ABA January 8, 2026

New Straits Times | Datuk Seri Shamsul Iskandar Mohd Akin’s legal team told the KL Sessions Court that the defence may consider filing a representation after studying documents from the prosecution. The former political secretary to the Prime Minister is represented by Datuk Amer Hamzah Arshad and Joshua Tay.

Peguam bela Shamsul Iskandar dakwa beberapa komen awam bersifat prejudis

Team ABA January 8, 2026

Harian Metro | Yusmadi Yusof, peguam bela kepada bekas Setiausaha Politik Kanan Perdana Menteri, Datuk Seri Shamsul Iskandar Mohd memaklumkan bahawa surat rasmi telah dihantar bagi menarik perhatian pihak Peguam Negara terhadap beberapa komen awam yang dikhuatiri boleh menjejaskan prinsip perbicaraan adil. Tertuduh juga diwakili oleh Datuk Amer Hamzah Arshad dan Joshua Tay.

AICHR Philippines hosts 6th ASEAN Dialogue on the United Nations Convention on the Rights of the Child

Team ABA January 6, 2026

AICHR | The dialogue focused on General Comment No. 17, which elaborates on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts. Discussions sought to deepen understanding of the importance of Article 31 of the Convention, in harmony with Article 32 of the ASEAN Human Rights Declaration under Economic, Social and Cultural Rights.

Coverstory: Progress on human rights declarations: Implementation is the challenge

Team ABA January 1, 2026

The Edge Malaysia | AICHR Chair Edmund Bon said a regional plan of action is being developed to address the implementation of the recently adopted ASEAN declaration on environmental rights. He added that more buy-in is needed from ASEAN sectoral bodies, such as the environmental and economic bodies at national levels, to ensure the declaration is realised effectively.

Lawyers: Federal Court’s ‘pivotal’ ruling raises bar for prosecuting Malaysians over offensive online remarks

February 6, 2026

Malay Mail | The Federal Court ruled that the government has to meet higher standards before it can charge a Malaysian with “offensive” online remarks with the “intent to annoy” under section 233 of the Communications and Multimedia Act. Activist Heidy Quah’s lawyer New Sin Yew said that the Federal Court has now made clear that such action cannot be taken against political speeches.

Section 233 of CMA serves purpose in multiracial society: Federal Court

February 6, 2026

Scoop | The Federal Court decided there was no basis to prosecute activist Heidy Quah under section 233(1)(a) of the Communications and Multimedia Act, as her Facebook post did not amount to a communication that was “offensive with intent to annoy”, as the content was not offensive and the mens rea element of “intent to annoy” was absent. Quah’s legal team included lawyer New Sin Yew.

Online speech restrictions constitutional, rules apex court

February 6, 2026

Free Malaysia Today | The Federal Court ruled that there was no basis to prosecute activist Heidy Quah on the grounds that a Facebook post she had made was “offensive” and communicated “with intent to annoy”, although those words under section 233 of the Communications and Multimedia Act 1998 were constitutional. Heidy Quah’s legal team included New Sin Yew.

Federal Court restores ‘annoyance’ offence in communications law

February 6, 2026

Malaysiakini | The Federal Court has reinstated a provision in the Communications and Multimedia Act that criminalises content that “annoys” or is “offensive”. However, the court affirmed the Court of Appeal’s decision that activist Heidy Quah should not have been charged under the provision in September 2021 for her Facebook post. New Sin Yew, among others, represented Quah.

Joint press release: 5th Interface Meeting between the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)

February 6, 2026

AICHR | The 5th Interface Meeting between AICHR and ACWC was chaired by Edmund Bon, AICHR Chair and Representative of Malaysia to AICHR. It continued AICHR and ACWC’s constructive cooperation on the promotion and protection of the rights of women and children in the region.

2nd ASEAN Dialogue on Human Rights and Policing, 26–27 January 2026

February 2, 2026

AICHR | The 2nd ASEAN Dialogue on Human Rights and Policing convened by AICHR aimed to advance practical cooperation on human rights-based policing across ASEAN. Participants discussed regional and national approaches to strengthening integrity, accountability, and professionalism in policing, including integrity mechanisms, and policing vulnerable groups and crisis situations.

Court to rule on Muhyiddin’s 2021 advice to suspend Parliament

January 9, 2026

Free Malaysia Today | The High Court has fixed 29 April 2026 to deliver its decision in a judicial review case brought by two government backbenchers challenging former PM Muhyiddin Yassin’s advice that the Yang di-Pertuan Agong suspend Parliament in 2021 during the COVID-19 pandemic. New Sin Yew acted for BERSIH, a co-applicant.

Lima kes rasuah dihadapi Shamsul Iskandar dibicarakan bersama

January 8, 2026

Bernama | Kes rasuah Datuk Seri Shamsul Iskandar Mohd Akin di Mahkamah Sesyen Shah Alam akan dibicarakan bersama empat lagi pertuduhan rasuah melibatkan kelulusan lesen penerokaan mineral di Sabah yang dihadapinya di Mahkamah Sesyen di Kuala Lumpur. Pihak pembelaan beliau termasuk Datuk Amer Hamzah Arshad dan Joshua Tay.

Shamsul Iskandar kemuka permohonan pindah pertuduhan rasuah ke Mahkamah Tinggi

January 8, 2026

Sinar Harian | Datuk Seri Shamsul Iskandar Mohd Akin membuat permohonan untuk memindahkan pertuduhan rasuah yang dihadapinya ke Mahkamah Tinggi kerana ingin membangkitkan isu berkaitan undang-undang melibatkan pertuduhan terhadapnya di peringkat Mahkamah Tinggi. Pihak pembelaan beliau termasuk Datuk Amer Hamzah Arshad dan Joshua Tay.

Shamsul Iskandar’s five corruption cases to be tried together

January 8, 2026

The Star | Five corruption case involving Datuk Seri Shamsul Iskandar Mohd Akin, all linked to the approval of a mineral exploration licence in Sabah, will be tried together at the Kuala Lumpur Sessions Court. Datuk Amer Hamzah Arshad and Joshua Tay represent the former senior political secretary to the Prime Minister.

Shamsul’s lawyers warn public comments could prejudice trial

January 8, 2026

Malaysiakini | Lawyers representing Shamsul Iskandar Akin, former aide to PM Anwar Ibrahim, have sent a letter to the government, citing public comments which they claimed risk prejudicing his trial. Shamsul’s legal team includes lawyers Amer Hamzah Arshad and Joshua Tay.

Shamsul Iskandar’s defence may file representation

January 8, 2026

New Straits Times | Datuk Seri Shamsul Iskandar Mohd Akin’s legal team told the KL Sessions Court that the defence may consider filing a representation after studying documents from the prosecution. The former political secretary to the Prime Minister is represented by Datuk Amer Hamzah Arshad and Joshua Tay.

Peguam bela Shamsul Iskandar dakwa beberapa komen awam bersifat prejudis

January 8, 2026

Harian Metro | Yusmadi Yusof, peguam bela kepada bekas Setiausaha Politik Kanan Perdana Menteri, Datuk Seri Shamsul Iskandar Mohd memaklumkan bahawa surat rasmi telah dihantar bagi menarik perhatian pihak Peguam Negara terhadap beberapa komen awam yang dikhuatiri boleh menjejaskan prinsip perbicaraan adil. Tertuduh juga diwakili oleh Datuk Amer Hamzah Arshad dan Joshua Tay.

Coverstory: Progress on human rights declarations: Implementation is the challenge

January 1, 2026

The Edge Malaysia | AICHR Chair Edmund Bon said a regional plan of action is being developed to address the implementation of the recently adopted ASEAN declaration on environmental rights. He added that more buy-in is needed from ASEAN sectoral bodies, such as the environmental and economic bodies at national levels, to ensure the declaration is realised effectively.