The Malaysian Communications and Multimedia Commission (MCMC) have announced that Tencent (WeChat) and ByteDance (TikTok) are the first platforms to successfully obtain the required Applications Service Provider Class (ASP(C)) licence under the new social media regulation.
Effective 1st January 2025, all social media and instant messaging platforms with at least 8 million Malaysian users are required to obtain a licence. The licensing requirement is aimed at ensuring a safer online environment for Malaysians and to hold platforms accountable towards online harms including sexual crimes against children and financial scams.
WeChat and TikTok among first to obtain licence from MCMC
In a statement released today, the MCMC said Tencent (WeChat) was the first to be granted the licence, followed by ByteDance (TikTok). This means the other 6 platforms namely, Facebook, WhatsApp, Instagram, Telegram, X and YouTube are currently non-compliant.
The regulator said that Telegram is expected to secure its licence soon as they are currently in the final stages of the process. Meanwhile, Meta, which manages Facebook, Instagram and WhatsApp, is said to have initiated the process and they are also expected to obtain their licence soon.
X and Google have yet to submit their licence applications
MCMC also revealed that both X (formerly known as Twitter) and Google, which manages YouTube, have yet to submit their applications. X claims that its user base has not reached 8 million users in Malaysia while Google appears to be disputing its classification as a social media platform under the Licensing Framework.
The regulator said it has deliberated on the issues raised by Google and shall ensure that YouTube as well as relevant platforms meet the licensing criteria are bound by their duties and responsibilities to adhere to the Licensing framework which is now in force.
What happens to platforms that don’t comply?
According to the MCMC, appropriate action under Communications and Multimedia Act 1998 Section 126 will be taken against any applicable service providers that continue to operate without a licence from 1st January 2025.
If convicted, the service provider can be fined up to RM500,000, or face imprisonment up to 5 years, or both. The platforms can be liable for a further fine of RM1,000 for every day during which the offence is continued after conviction.
It is worth highlighting that the licensing rules only apply to the applicable social media and instant messaging platforms. End users including pages or groups with over 8 million members or followers are NOT required to obtain a licence.
Communications Minister Fahmi Fadzil has assured that the government has no intention to block any social media or instant messaging platforms that fail to apply for a licence after 1st of January 2025. He said the licensing framework under Act 588 is intended to deal with issues of online crimes without hindering innovation and development.
Service providers that fail to comply won’t get their services blocked but would be subjected to fines and other actions taken against them. However, the MCMC has yet to set out a definitive time frame for service providers to take down harmful content including scam ads on their platforms.
As a comparison, Indonesia requires all licence holders to take down content deemed unlawful or that “disturbs public order” within 4 hours if it is urgent, while other takedown requests must be done within 24 hours.
The MCMC has released a code of conduct for social media and instant messaging platforms on 20th December 2024. The document sets out best practices for adoption by service providers licensed under CMA 1998 in addressing harmful content and other relevant conduct requirements that are to be observed in addition to the Service Provider’s duties and obligations under CMA 1998 and other relevant Malaysian laws.
