State of the media report Q1-2021

previously in obtaining sufficient grounds to enter
and collect material from media houses, for example.
This is further watered down by Section 29
discussed below which allows search without
warrant, based on reasonable suspicion
14

Empowers Minister of

The list of which areas could be affected by a

Communication to make special

“threat” is too general and prone to abuse. For

regulations or directives compelling

example,

any person/organisation identified in

“economy” are too open ended and prone to

the regulations to take certain

arbitrary application; “public order” as has been the

measures for the purpose of

case previously is equally too vague and could be

preventing or countering a threat

used to suppress individuals or organisations deemed

“national

security

and

defence”,

to be critical on online spaces.
15 (4)

Criminalises failure to produce a Provides additional means for authorities to obtain
record or document required by a documents and records from targeted individuals “in
cyber-inspector in the process of the process of investigation”. This could be used to
investigations

obtain

confidential

information/sources

from

investigative journalists, for example without need
for a warrant. A fine and/or two-year imprisonment
are a threat enough.
29

Interception of communication to Interception of communication without a warrant
prevent bodily harm, loss of life or may be prone to abuse by the authorities to target
damage to property

critical voices. While provision is made to account to
a Judge after the interception is completed, the
grounds on which the reasonable suspicion rests are
too open to arbitrary application e.g. prevention of
damage to property or loss of life. Further, due
process of accountability and prior review must be
considered in order to avoid abuse/unfettered
interception and rerouting of private communication.

40

Interception capability of service May compromise security/privacy of individual
provider: mandates a service to communication and may be prone to abuse as the
install interception devices for easy section is open ended and seems open to
routing and monitoring as prescribed

20

interpretation on continuous transmission/monitoring

Select target paragraph3