KUALA LUMPUR, Aug 1 — The Malaysian Communications and Multimedia Commission (MCMC) has unveiled a comprehensive regulatory framework that mandates social media and messaging applications to secure an annual license. This initiative is accompanied by a detailed frequently asked questions (FAQs) document to guide stakeholders through the new requirements.
Who Needs to Apply for the Licence?
Interestingly, the average Malaysian user—be it the popular social media influencer, the enthusiastic Facebook auntie, or even the vibrant VTuber community—will not be required to apply for this license. Instead, the focus is on social media and internet messaging companies that boast a user base of at least eight million Malaysians. This includes major platforms such as:
- Facebook Messenger
- TikTok
- Telegram
- X (formerly Twitter)
- YouTube
This new regulation is set to take effect on January 1, 2025.
Determining Eligibility for the Licence
The MCMC will primarily rely on data derived from its official surveys, including the Internet User Survey, to ascertain the number of Malaysian users on various platforms. Additionally, other publicly accessible and reliable data sources will be utilized to confirm whether service providers meet the requisite user threshold.
Requirements Under the Licence
Platforms that fall under this new regulatory framework will be required to implement several critical measures, including:
- Protecting user data
- Ensuring child safety, particularly by restricting access for users under 13
- Tackling online harms such as cyberbullying, online scams, and sexual grooming
- Enhancing advertisement transparency and curbing misleading promotions
- Safeguarding minors from harmful content and deceptive advertisements
- Managing deepfakes and harmful AI-generated content
According to the MCMC, this regulatory framework aligns with the government’s broader objective of fostering a safer online environment for all Malaysians, particularly for children and vulnerable individuals.
Key Points for Platforms Regarding the Licence
- The licence is valid for one year, necessitating annual applications.
- Failure to register by January 1, 2025, may result in penalties of up to RM500,000, imprisonment for up to five years, or both.
- Service providers are granted a five-month grace period from today to apply for and secure their licence.
- There will be no restrictions on foreign shareholding under the class licence for service providers.
The MCMC will retain the authority to take action against any licensed service provider that breaches the conditions of their licence. In cases of violations, the commission will evaluate the nature, severity, impact, and frequency of the breach, alongside the compliance history of the service provider, to determine the appropriate course of action.
Potential responses to breaches may range from administrative warnings and compliance directives to civil penalties or compounded offences. In instances of severe violations, the MCMC holds the power to suspend access to the service provider’s platform, revoke the licence, or initiate prosecution.
