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Cybersecurity Act Implementation: Navigating the Balance Between Digital Security and Freedom of Expression in Malaysia



Cybersecurity Act Implementation: Navigating the Balance Between Digital Security and Freedom of Expression in Malaysia

Updated: 14/04/2026
Release on:16/03/2026

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The Digital Crossroads: A Nation's Defining Moment

I have spent twenty years chronicling Malaysia's journey through the complex terrain of governance, watching our nation evolve from the restrictive contours of the NERP era to the more open, though still imperfect, democratic spaces we occupy today. Through all these years, I have remained fundamentally optimistic about Malaysia's capacity for growth, for self-correction, for finding the wisdom to balance competing interests in ways that serve the broader public good. Yet today, I find myself confronting a question that goes to the very heart of what kind of nation we wish to become: How do we protect ourselves from genuine cyber threats while preserving the fundamental freedoms of speech and expression that define us as a free people? This is not a question with easy answers, and the decisions we make in this critical period will shape the character of Malaysian democracy for generations to come.

The passage of the Cyber Security Act 2024 (Act 854), which came into effect on August 26, 2024, represents a significant milestone in Malaysia's digital governance framework

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. This legislation, together with four subsidiary regulations, aims to establish regulatory standards for the nation's cyber defenses, recognizing the very real and growing threats that cyberattacks pose to government systems, critical infrastructure, businesses, and individual citizens

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. In an era when digital attacks can disrupt power grids, steal personal data, undermine financial systems, and compromise national security, the need for robust cybersecurity legislation is undeniable. No responsible government can ignore these threats, and the Malaysian public has every right to expect that their authorities will take reasonable steps to protect them from digital harm. The question, however, is not whether we need cybersecurity laws but rather how we craft and implement them in ways that do not unnecessarily trample upon the freedoms that make our democracy meaningful.

As I have observed the implementation of this legislation and its effects on press freedom and citizen expression, I have been struck by the tension that exists between security imperatives and civil liberties. This tension is not unique to Malaysia; nations around the world struggle with the same fundamental challenge of balancing protection with freedom. What concerns me, however, is how this balance is being struck in practice, and whether the mechanisms exist to ensure that security measures do not become instruments of repression. The experiences of recent months suggest that there is genuine cause for concern, but also genuine reason for hope if we engage thoughtfully with these challenges. This article seeks to explore these issues with the honesty they deserve while maintaining faith in Malaysia's capacity to find the right balance.

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Understanding the Cyber Security Act 2024: Architecture and Intent

To evaluate fairly the impact of the Cyber Security Act on press freedom and citizen expression, we must first understand what this legislation actually contains and what it seeks to accomplish. The Act establishes a comprehensive framework for cybersecurity governance in Malaysia, creating regulatory standards for various entities involved in critical infrastructure, requiring reporting of cybersecurity incidents, and granting certain powers to authorities to respond to cyber threats

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. The legislation applies to a broad range of sectors, from government systems to financial services, from telecommunications to healthcare, recognizing that cyber vulnerabilities exist across the entire spectrum of modern society. The stated intent is clearly protective: to safeguard the nation, its institutions, and its citizens from digital threats that have grown increasingly sophisticated and damaging.

The Act establishes the National Cyber Security Agency (NACSA) as the coordinating body for cybersecurity efforts across the country, bringing together previously fragmented responsibilities under a single umbrella. This centralization of authority is intended to improve coordination and response capabilities, but it also concentrates significant power in ways that raise questions about accountability and oversight. The legislation includes provisions requiring "necessary assistance" to law enforcement and intelligence agencies, which human rights organizations have noted could be interpreted broadly enough to enable surveillance activities that affect legitimate expression

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. The concerns raised by organizations like ARTICLE 19 focus specifically on whether the Act's provisions are sufficiently precise to prevent misuse against journalists, activists, and ordinary citizens exercising their right to free expression .

What is important to recognize is that the Act itself does not explicitly target expression or media; rather, it is a general cybersecurity measure that could be applied in ways that affect expression depending on how authorities exercise their discretion. This is why human rights organizations have focused not on the Act's text alone but on its potential for misuse, on the broader legal context in which it operates, and on the track record of how similar powers have been exercised in practice. The question is not merely what the law says but how it is being implemented, and whether the safeguards that protect against abuse are adequate to their task. As we shall see, the evidence on these questions provides grounds for both concern and cautious optimism.

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The Freedom House Assessment: Where Malaysia Stands

One of the most authoritative assessments of internet freedom in Malaysia comes from Freedom House, the Washington-based organization that has been monitoring global political rights and civil liberties for decades. Their Freedom on the Net 2024 report provides a detailed evaluation of the state of digital rights in Malaysia, and its findings deserve careful attention from anyone concerned about the direction our nation is taking . The report acknowledges that the Malaysian Constitution provides citizens with the right to freedom of speech and expression under Article 10, while noting that this right is subject to limitations that have been interpreted quite broadly over the years. This constitutional framework establishes the legal foundation upon which any assessment of cybersecurity impacts must be built.

The Freedom House report documents several concerning developments that have affected internet freedom in Malaysia, including the blocking of media websites perceived as critical of the government, increased online controls, and the passage of the Cyber Security Act itself, which the organization notes could enable authorities to collect information relevant to cybersecurity matters in ways that affect privacy and expression . The report also highlights concerns about the Online Safety Bill 2024, which human rights organizations have criticized for its potential impact on free expression

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. These legislative measures, when taken together with existing restrictions on expression, paint a picture of an online environment that is becoming increasingly controlled rather than increasingly free.

Yet the report also acknowledges areas of progress, recognizing that Malaysia has made strides in certain aspects of freedom of expression compared to previous periods. The country's ranking in the World Press Freedom Index has improved, placing Malaysia among the higher-ranked nations in ASEAN

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. This recognition reflects the complex reality that Malaysia is neither fully free nor fully restricted, but rather navigating the difficult space between security imperatives and democratic aspirations. The challenge we face is not to retreat from either security or freedom but to find the proper balance between them, and this requires ongoing vigilance, constructive criticism, and a willingness to adjust course when we veer too far in either direction.

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The Regional Context: ASEAN and Beyond

Understanding Malaysia's situation requires placing it in the broader regional and global context, for our nation's experience is not occurring in isolation but rather as part of a wider trend that is reshaping digital governance across the world. The countries of ASEAN represent enormous diversity in their approaches to cybersecurity and expression, ranging from the highly restrictive environments of China and Vietnam to the more open approaches of countries like Indonesia and the Philippines. Malaysia's position in this spectrum matters not only for its own citizens but as a model that other nations may observe and potentially emulate. The choices we make here have implications that extend far beyond our borders.

In comparing Malaysia's approach with regional neighbors, several patterns emerge that merit consideration. Indonesia, the largest democracy in Southeast Asia, has also struggled with balancing cybersecurity concerns against freedom of expression, though it has generally maintained a more open environment for online speech. The Philippines, despite its own challenges with cybersecurity legislation, has historically provided more space for critical expression online. Singapore, while often criticized for its restrictions on political expression, has maintained relatively robust cybersecurity infrastructure without the same level of concern about impacts on journalism that has been raised regarding Malaysia. Each of these comparisons suggests that there are alternative approaches to cybersecurity that may achieve security objectives while minimizing harm to expression, and these alternatives deserve serious consideration.

At the global level, the tension between cybersecurity and expression is perhaps nowhere more acute than in China, where extensive cybersecurity legislation has been used as a tool for massive online censorship and surveillance. While Malaysia is certainly nowhere near the Chinese model in terms of restriction, human rights organizations have expressed concern that the trajectory of cybersecurity legislation in various countries could lead toward increasingly restrictive environments

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. The experience of other nations demonstrates that security legislation can be drafted and implemented in ways that either respect or undermine freedom of expression, and the difference often lies not in the legislation itself but in the political culture and accountability mechanisms that surround it. Malaysia's challenge is to ensure that our trajectory leads toward the former rather than the latter.

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Press Freedom Under Pressure: The Journalist's Perspective

For journalists and media organizations, the implementation of the Cyber Security Act has created an environment of uncertainty that affects how they carry out their essential work of informing the public. The Center for Independent Journalism (CIJ) has documented a significant increase in investigations and arrests under laws that restrict freedom of expression, with 233 such cases recorded in 2025 compared to 189 in 2024 — a 23.28% increase that suggests a troubling trajectory

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. While not all of these cases are directly related to the Cyber Security Act, they reflect a broader environment in which expression is increasingly subject to legal risk. This environment inevitably affects how journalists and media outlets approach their work, creating incentives for self-censorship that undermine the vibrant press that democracy requires.

The concerns expressed by ARTICLE 19 and other international organizations focus specifically on provisions within the Cyber Security Act that could require service providers to assist law enforcement and intelligence agencies in ways that affect journalistic sources and communications . Protecting sources is fundamental to investigative journalism, and any legal framework that enables authorities to access information about who is communicating with whom, and in what form, potentially undermines this protection. The mere existence of such powers can have a chilling effect, deterring sources from coming forward with information that the public needs to know. Journalists may become reluctant to use certain communication channels, and this limitation on their effectiveness ultimately harms the public's right to information.

Yet it is important to acknowledge that journalists are not the only affected group, and the impact extends beyond professional media to encompass ordinary citizens who express themselves online. The CIVICUS Monitor, which tracks civic space globally, continues to rate Malaysia's civic space as "obstructed," noting that the government has increased online controls and facilitated what it describes as transnational repression

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. This rating reflects concerns about the space available for civil society to operate and for citizens to engage in expression without fear of reprisal. The Online Safety Bill 2024, which passed in December 2024, has been criticized by Amnesty International Malaysia as a "grave blow to freedom of expression," raising additional concerns about the direction of digital governance

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. These developments collectively suggest that while Malaysia has not descended into the most restrictive environments, the trend is cause for serious concern.

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The Citizen's Voice: Expression in the Digital Age

Beyond journalists and media organizations, the cybersecurity legislation affects every Malaysian who uses digital platforms to express opinions, share information, or engage in online discourse. For ordinary citizens, the question is not whether they are likely to be directly targeted by cybersecurity enforcement but rather how the broader environment affects their willingness to express themselves freely. The "chilling effect" — whereby people restrain their expression because of fear of consequences even when those consequences are uncertain — is a well-documented phenomenon that can undermine freedom of expression even in the absence of direct enforcement. When people begin to self-censor because they are uncertain about where the boundaries lie, the space for legitimate expression contracts even without any explicit restriction.

The concerns about the Online Safety Bill 2024 are particularly relevant to ordinary citizens, as this legislation directly targets online content and could affect how individuals use social media and other digital platforms

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. While the stated purpose of such legislation is often to address harmful content like misinformation, hate speech, or harassment, the implementation frequently raises concerns about overbreadth and potential for abuse. The experience of other countries demonstrates that online safety laws can be used to suppress legitimate criticism, criminalize journalism, and create an environment in which expression is constrained by fear of enforcement. Human rights organizations have called for such legislation to "prioritize human rights and adhere to the freedom of expression standards outlined in Article 19 of the Universal Declaration of Human Rights"

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.

What this means in practical terms is that every Malaysian who uses the internet — which is to say, virtually every Malaysian of voting age — has a stake in how these cybersecurity measures are implemented. The decisions made by authorities about when and how to enforce these laws will determine whether the digital space remains a forum for open discourse or becomes an increasingly restricted environment where expression is constrained. This is not merely a technical or legal matter but a fundamentally democratic one: the health of our democracy depends on the ability of citizens to engage in robust discussion of the issues that affect their lives, and digital platforms have become essential venues for such discussion. The protection of these spaces is therefore not a matter of special interest but of common concern.

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The Path Forward: Balancing Security and Freedom

Given the genuine concerns that have been raised, what can be done to ensure that Malaysia's cybersecurity framework protects citizens from digital threats while preserving the freedoms that define our democracy? This is the central question that faces us, and while I do not pretend to have complete answers, I believe there are principles and approaches that can guide us toward better outcomes. The first step is acknowledging that this balance is not only possible but essential — that we need not choose between security and freedom but rather must find ways to achieve both. Nations around the world demonstrate that this is possible, and Malaysia has the capacity to do the same if we commit to the right principles and practices.

Transparency and oversight represent the most fundamental requirements for ensuring that cybersecurity powers are not abused. When authorities exercise powers that affect expression, there must be mechanisms for public scrutiny, independent review, and accountability for misuse. This means not only clear legal frameworks that define the boundaries of acceptable action but also robust institutions — courts, parliamentary committees, civil society watchdogs — that can examine how those powers are exercised in practice. The mere existence of such oversight mechanisms can deter abuse, and their effective operation can correct course when things go wrong. Malaysia has made progress in building such institutions, but the challenge is to ensure that they have the resources, independence, and authority to fulfill their functions effectively.

Engagement with civil society and affected communities is another essential element of good cybersecurity governance. The concerns raised by organizations like ARTICLE 19, Freedom House, CIJ, and others deserve serious consideration rather than dismissal as foreign interference or unpatriotic criticism . These organizations bring expertise, perspective, and access to international standards that can help Malaysia craft better policies. Meaningful consultation — not merely pro forma engagement but genuine dialogue in which concerns are listened to and addressed — can improve legislation and implementation while building public trust. The best cybersecurity frameworks are those that are developed through inclusive processes that consider diverse perspectives and anticipate potential unintended consequences.

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Empowering Citizens: What You Can Do

While much of the responsibility for getting the balance right lies with governments and institutions, citizens also have important roles to play in shaping the environment in which digital rights are protected or restricted. The first and most fundamental thing that ordinary Malaysians can do is to stay informed about the issues, to understand what is at stake, and to form their own judgments based on reliable information rather than rumor or partisan narrative. Democracy only works when citizens engage meaningfully with the issues that affect their lives, and the issues of cybersecurity and freedom of expression are too important to be left to experts and officials alone. Education and awareness are the foundations upon which all other advocacy depends.

Beyond staying informed, citizens can engage constructively with their elected representatives, making their views known through the various channels that democratic participation provides. Writing to Members of Parliament, responding to public consultations, participating in civil society initiatives, and supporting organizations that work on digital rights are all ways that individuals can contribute to the policy process. The concerns that have been raised by international organizations gain legitimacy when they are echoed by Malaysian citizens and civil society groups, and the government is more likely to respond to concerns that have domestic support. Democracy is not a spectator sport, and the protection of our freedoms depends on active citizen engagement.

Perhaps most importantly, citizens should not allow fear to silence them. While it is important to be aware of the legal risks that exist in the current environment, it is equally important not to let that awareness curdle into self-censorship that surrenders space unnecessarily. The fact that concerns exist does not mean that expression has been eliminated, and the success of Malaysia's democratic transition depends on citizens who are willing to engage in the robust discourse that democratic governance requires. This does not mean recklessness or irresponsibility — thoughtful citizens will always consider the potential impacts of their words — but it does mean refusing to surrender the space that we have gained through decades of struggle for democratic rights.

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Hope for the Future: Malaysia's Democratic Resilience

Despite the concerns that I have outlined in this article, I remain fundamentally optimistic about Malaysia's capacity to navigate these challenges successfully. Our nation has demonstrated, repeatedly throughout our history, an ability to find our way through difficult terrain, to correct course when we have strayed too far, and to build on our achievements while addressing our shortcomings. The fact that concerns about cybersecurity legislation have been raised — and raised in such a well-documented and internationally visible manner — is itself a sign of the health of our civil society. Authoritarian regimes do not permit such concerns to be expressed; it is precisely in democracies that such debates can occur openly.

The improvements that Malaysia has achieved in press freedom rankings reflect real progress that has been made in creating space for expression and journalism

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. While there is legitimate concern about recent developments, it is important to recognize that we are not starting from zero and that the gains we have made are not easily reversed. The institutions that have been built — the civil society organizations, the independent media, the academic institutions, the legal frameworks — provide foundations for continued protection of freedom even as new challenges emerge. These institutions do not operate automatically; they require constant vigilance and support. But they exist, and they have demonstrated their capacity to make a difference.

Looking ahead, I see reason for hope in the growing awareness among Malaysians about the importance of digital rights and online freedom. The conversations that are happening in online forums, in academic institutions, in newsrooms, and in policy circles reflect a society that is taking these issues seriously. The fact that this article can be written and published — that concerns can be expressed, debated, and considered — demonstrates that space for expression still exists in Malaysia. The challenge is to ensure that this space is maintained and expanded rather than contracted. I believe that Malaysia has the institutions, the people, and the values to meet this challenge, and I am confident that our nation's democratic journey will continue to evolve in positive directions.

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Frequently Asked Questions

Does the Cyber Security Act 2024 directly restrict freedom of speech?

The Cyber Security Act 2024 is primarily a cybersecurity measure rather than a direct restriction on speech, but human rights organizations have expressed concern that its provisions could be applied in ways that affect expression. The Act grants authorities powers to require assistance from service providers and to collect information relevant to cybersecurity matters, which could potentially be used to access information about communications or to identify sources. The impact on expression depends largely on how these powers are implemented in practice and whether adequate safeguards exist to prevent abuse. Organizations like ARTICLE 19 have called for more precise drafting and stronger safeguards to ensure the Act does not become a tool for suppressing legitimate expression.

How does Malaysia compare to other ASEAN countries on press freedom?

Malaysia currently ranks highest among ASEAN countries in the World Press Freedom Index, according to recent reports

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. This represents an improvement from historical levels and reflects certain advances in press freedom that have been achieved. However, the space for press freedom remains constrained by various laws and practices, and international organizations continue to express concerns about the environment for journalism. Other ASEAN countries vary widely in their approach, from the highly restrictive environments in some member states to the more open situations in others. Malaysia occupies a middle position in this spectrum, with both achievements to build on and challenges to address.

What can ordinary citizens do to protect their online expression rights?

Citizens can protect their online expression rights through several approaches: staying informed about relevant laws and regulations; understanding their rights under the law; using secure communication tools and practices; supporting organizations that work on digital rights; engaging with elected representatives about their concerns; and participating in public discussions about cybersecurity policy. Being thoughtful about what one shares online and understanding the potential legal implications of expression is prudent, but citizens should also resist excessive self-censorship that surrenders space unnecessarily. The health of Malaysia's digital democracy depends on active citizen engagement.

Are there legitimate concerns about the Online Safety Bill 2024?

Human rights organizations including ARTICLE 19, Amnesty International Malaysia, and others have raised concerns about the Online Safety Bill 2024, specifically regarding its potential impact on freedom of expression

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. Their concerns focus on whether the bill's provisions are sufficiently precise to prevent misuse, whether it creates liability for intermediaries that could lead to over-blocking of content, and whether it includes adequate protections for legitimate expression. These concerns are similar to those raised about online safety legislation in other countries, and they highlight the challenge of crafting legislation that addresses harmful content without unduly restricting free speech.

Is Malaysia becoming more restrictive on digital expression?

The evidence presents a mixed picture. On one hand, there are genuine concerns about recent legislation, including the Cyber Security Act and Online Safety Bill, and documented increases in investigations and arrests related to expression

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. On the other hand, Malaysia maintains higher press freedom rankings in the region and retains space for critical discourse. The trend appears to be toward some increase in controls, but the extent and permanence of this shift remains uncertain and depends significantly on how implemented and whether civil society advocacy succeeds in protecting democratic space.


Disclaimer

This article is written by a Malaysian international media commentator with twenty years of experience in current affairs reporting. The views expressed are based on publicly available information, reports from international human rights organizations, and analytical interpretation. They do not constitute legal advice or official policy positions. The specific legislation discussed is subject to ongoing development, and readers should consult current legal resources and qualified professionals for specific guidance. The author and publisher accept no responsibility for any actions taken based on the information provided in this article. The goal of this article is to promote informed discussion of important public policy issues, and readers are encouraged to conduct their own research and form their own conclusions.


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References

1.Freedom House. (2024). "Malaysia: Freedom on the Net 2024 Country Report." https://freedomhouse.org/country/malaysia/freedom-net/2024

2.Sinpeng, A., et al. (2022). "Journalism in the Age of Digital Autocracy: A Comparative ASEAN Study." Journal of Asian Studies.

3.Bernama. (2025). "Malaysia Has Improved Its Standing in the 2025 World Press Freedom Index." Facebook Official Page.

4.ARTICLE 19. (2024). "Malaysia: The Cyber Security Bill is a Threat to Freedom of Expression Online."

5.ARTICLE 19. (2024). "Malaysia: Stop Introducing Laws that Infringe on Freedom of Expression."

6.ARTICLE 19. (2024). "Malaysia: Concerns with the Online Safety Bill 2024."

1.Amnesty International Malaysia. (2024). "Passage of the Online Safety Bill a Grave Blow to Freedom of Expression."

2.CIVICUS Monitor. (2024). "Malaysia: Government Stifles Expression, Increases Online Controls."

3.Centre for Independent Journalism (CIJ). (2025). "State of Freedom of Expression in Malaysia 2024."

4.Rest of World. (2024). "Malaysia Tightens Grip on Internet, in Blow to Online Freedom."

5.PwC Malaysia. (2024). "Cyber Security Act 2024: A New Era for Cybersecurity in Malaysia."

6.Mayer Brown. (2024). "Malaysia's New Cyber Security Act 2024 – A Summary and Brief Comparative Analysis."

7.Fortra. (2024). "Malaysia's Cyber Security Act 2024: Key Insights and Implications."

8.Cybersecurity Asia. (2024). "Malaysia's Cybersecurity Bill 2024: A Tightrope Walk Between Security and Liberty."

9.Asia Centre. (2024). "Report on Internet Freedom in Malaysia."

10.DCAF. "Cybersecurity Governance in Southeast Asia."

11.Cisco. "Cybersecurity in ASEAN: An Urgent Call to Action."

12.Research Gate. (2024). "Comparative Trajectories of Cybersecurity Legislation in Mainland Southeast Asia and China."

13.The Star. (2025). "Freedom of Expression in Malaysia: Setting Back and Forth."

14.IFEX. (2025). "Malaysia: Freedom of Expression is an Everyday Essential."

15.Yahoo News Malaysia. (2024). "Seeing Room for Abuse, Group Says Cyber Security Bill Could Curb Freedom."

16.Digital Watch. (2024). "Malaysia's Parliament Passes Cybersecurity Bill."

17.ICNL. (2024). "Asia Centre Launches Report on Internet Freedom in Malaysia."

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