Throughout 2024, the Malaysian Communications and Multimedia Commission (MCMC)—Malaysia’s online regulator—undertook significant activities related to ensuring “a safe and inclusive online environment.”
MCMC announced in late July a forthcoming regulatory framework, originally authorized in March, that would require certain online platforms—“Internet messaging service providers and social media service providers with at least eight million users in Malaysia”—to obtain licenses to operate their services in Malaysia. Additionally, MCMC would conduct a public consultation about, and subsequently issue, a Code of Conduct for those providers.
Licensing
In August, the Communications and Multimedia (Licensing) (Amendment) (No. 2) Regulations 2024 were introduced, and MCMC encouraged providers to use the five-month grace period to apply for licenses as required. MCMC announced on January 1, 2025, that it had granted licenses for the operation of WeChat and TikTok, and that licenses for Meta and Telegram were in process. MCMC also indicated that X had assessed its user base as below the eight-million threshold that would trigger the license requirement.
Code of Conduct (Best Practice)
MCMC gathered input from industry, civil society and non-governmental organizations, academic and research institutions, and law enforcement agencies in September and October to prepare an initial draft Code of Conduct (Best Practice) for relevant providers. A public consultation followed, during which MCMC received 21 written submissions it classified into five topics: Scope and Application, User Safety, Child Safety Measures, Risk Mitigation, and Accountability.
On December 20, 2024, MCMC published the Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers, which details best practices and requirements applicable to licensed providers.
Among other practices detailed in the Code of Conduct, providers should:
- maintain a local (in-country) content moderation team to respond to both routine and emergency matters with understanding of the Malaysian context;
- report and remove “harmful content” (including CSAM);
- “actively assist” law enforcement investigations;
- deploy features and processes to enable users to adjust privacy/security settings and report harmful content;
- implement effective age verification and/or age assurance measures, specifically noting that “sole reliance on self-declaration of age is inadequate”
With these steps to license certain providers and publish the Code of Conduct (Best Practice), Malaysia joins countries including Australia, the United Kingdom, Singapore, Ireland and others in a growing movement advancing online safety regulation.
For more information, see:
“FOUR INTERNET MESSAGING AND SOCIAL MEDIA SERVICE PROVIDERS APPLY FOR LICENCE TO OPERATE IN MALAYSIA”
Malaysian Communications and Multimedia Commission
https://mcmc.gov.my/en/media/press-releases/four-internet-messaging-and-social-media-service-p
“PUBLIC CONSULTATION REPORT ON THE DRAFT CODE OF CONDUCT (BEST PRACTICE) FOR INTERNET MESSAGING SERVICE PROVIDERS AND SOCIAL MEDIA SERVICE PROVIDERS”
Malaysian Communications and Multimedia Commission
https://mcmc.gov.my/skmmgovmy/media/General/PressRelease/MCMC_Public-Consultation-Report-on-Draft-Code-of-Conduct-Best-Practice-for-Service-Providers-18122024.pdf
“CODE OF CONDUCT (BEST PRACTICE) FOR INTERNET MESSAGING SERVICE PROVIDERS AND SOCIAL MEDIA SERVICE PROVIDERS”
Malaysian Communications and Multimedia Commission
https://www.mcmc.gov.my/skmmgovmy/media/General/Resources/MCMC_Code-of-Conduct-Best-Practice-for-Service-Providers.pdf
“Basic Online Safety Expectations”
eSafety Commissioner (Australia)
https://www.esafety.gov.au/industry/basic-online-safety-expectations
“Quick guide to illegal content codes of practice”
Ofcom (United Kingdom)
https://www.ofcom.org.uk/online-safety/illegal-and-harmful-content/codes-of-practice/
“IMDA's Online Safety Code comes into effect”
InfoComm Medica Development Authority (Singapore)
https://www.imda.gov.sg/resources/press-releases-factsheets-and-speeches/press-releases/2023/imdas-online-safety-code-comes-into-effect
“Coimisiún na Meán adopts final Online Safety Code”
Coimisiún na Meán (Ireland)
https://www.cnam.ie/coimisiun-na-mean-adopts-final-online-safety-code/