On 27 July 2024, the Malaysian Communications and Multimedia Commission (“MCMC“) announced that a new licensing requirement will be imposed on the providers of “social media services” and “internet messaging services” in Malaysia.
As clarified by MCMC, this new licensing requirement is in line with the efforts of the Malaysian Government to: (i) curb various cybercrimes, such as online gambling, online scams, cyberbullying, piracy, harmful artificial intelligence, race, religion and royalty (3R) issues, and child pornography; as well as (ii) ensure that providers of social media services and internet messaging services comply with Malaysian laws, including the Communications and Multimedia Act 1998, Personal Data Protection Act 2010, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, Sexual Offences Against Children Act 2017, and Penal Code.
In order to give legal effect and provide further clarity on this new licensing requirement, amendments to the Communications and Multimedia (Licensing) Regulations 2000 and/or the Communications and Multimedia (Licensing) (Exemption) Order 2000 (as the case may be) are required and these will likely be gazetted on or about 1 August 2024.
Pending the gazettement as well as availability of further details about the amendments, we set out below a brief overview and our insights as to steps that businesses may have to take in order to comply with this new licensing requirement.
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