Section 233 of the CMA is deeply problematic for its overly broad definitions accompanied with heavy punishment that infringes upon the constitutional right to freedom of expression.
This goes far beyond the legitimate restrictions allowed on the freedom of expression such as preventing incitement to violence or for national security. Freedom of expression and speech underpin the fundamental right to seek and exchange ideas, opinions and information that would enable the public to form their own opinions and allow for dissenting or alternative positions, specifically on issues of public interests, and ultimately promote good governance and hold the State to account.
These limits must also be necessary and proportionate, while measures adopted to address alleged online infringement must meet the harm test to determine legitimacy, necessity and proportionality.
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