The government has no intention of blocking internet messaging services and social media platforms that fail to apply for licensing after the 1st of January 2025, according to Communications Ministry, Fahmi Fadzil.
Just in case you missed it, internet messaging services and social media platforms that are operating with over 8 million users in Malaysia are required to apply for an Applications Service Provider class licence under the Communications and Multimedia Act 1998 (Act 588).
“This is to ensure that platform providers are responsible and play a key role in creating an online ecosystem that’s safer for users. This includes dealing effectively with harmful content by solidifying their system and process in reducing cyber crimes such as online scams, sexual crimes, and cyberbullying,” said the Minister.
“The implementation of the licensing framework under Act 588 is intended to deal with issues of online crimes without hindering innovation and development,” he added.
Service providers who fail to do so won’t get their service blocked in Malaysia but may be subjected to paying fines or other actions taken against them.
Can users still access platforms that fail to register after 1st of January?
Users will still be able to access the platforms even after the regulations are enforced on the 1st of January 2025.
“Blocking access is a last resort, we do not want to go in that direction. What we want is not just fast internet but a safe internet platform for children and families,” said Fahmi when replying to Datuk Wan Saifulruddin Wan Jan during a question-and-answer session in the Dewan Rakyat last week.
Will the licensing framework overlap with the Online Safety Bill?
Datuk Wan Saifulruddin Wan Jan also questioned if there will be a potential overlap between the Communications and Multimedia Act 1998 and the Online Safety Bill that’s currently being drafted.
Answering the query, Fahmi mentioned that the Communications Ministry, Malaysian Communications and Multimedia Commission (MCMC), and Legal Affairs Division (BHEU) of the Prime Minister’s Department (JPM) have conducted numerous engagement sessions to ensure that there’s no overlap between the Communications and Multimedia Act 1998 and the Online Safety Bill.
The Minister also mentioned the two regulations are complementary to each other.
How will the government balance the regulation with freedom of speech?
Wan Saifulruddin also questioned how the regulation of social media platforms will be balanced with the right to freedom of speech and the freedom of information. Fahmi explained that under Act 588, there are strong protective measures to balance the need for regulations and the right to freedom of speech and information.
He also mentioned that the implementation of the licensing framework under Act 588 is intended to deal with issues of online crimes without hindering innovation and development. The enforcement of the licensing framework only applies to the service providers, with users unaffected.
The Communications Minister said, “Freedom of speech is a fundamental right that’s recognised and written in Article 10 of the Federal Constitution. However, it’s to be accompanied with responsibility.”
“Freedom without boundaries is freedom that leads to disaster. Therefore, this action is to ensure a balance between freedom of speech, national security, and the well-being of the people,” he added.
As explained under the MSC Malaysia Bill of Guarantee No. 7, Fahmi said the government will not censor the internet. However, this does not mean that content that violates the law can be shared freely with no regard to legal provisions.
Social media platforms given 1 month to respond to code of conduct
At the launch event of the National Information Dissemination Centre (NADI) at Kuching yesterday, Fahmi said that social media platform providers have been given one month to give their feedback on the Code of Conduct.
After this, these companies are required to register for licensing with MCMC. This is made compulsory for all platform providers with over 8 million users in Malaysia.
“Thus far, most platform providers have been cooperative in giving their feedback towards the Code of Conduct. However, there are one or two platform providers that probably think they are bigger than a sovereign country but we have to remind them that they are making money from Malaysia. Therefore, it’s compulsory for them to adhere to the laws of our country.”
Code of Conduct now being finalised
Fahmi also reported that MCMC has concluded a public consultation process for the draft Code of Conduct (Best Practices) on the 5th of November, 2024. This consultation process was intended to collect input and feedback from service providers, the public, industry players, and relevant stakeholders.
MCMC is in the process of finalising the draft code for publication before the enforcement date of the licensing framework on the 1st of January, 2025. The goal of the Best Practices Code of Conduct is to highlight best practices to be observed by licensed platform providers.
