MCMC Decisions, Directions To Licensed Service Providers Subject To Legal Provisions

KUALA LUMPUR, Aug 1 (Bernama) -- Any decisions or directions from the Malaysian Communications and Multimedia Commission (MCMC) to licensed Internet messaging and social media providers will be subject to legal provisions under the Communications and Multimedia Act (CMA) 1998 .

The commission added that CMA 1998 provided strong safeguards to balance the need for regulation, due process and the protection of freedom of speech and expression.

“For instance, Section 51 of the Act (CMA 1998) allows the commission to issue direction to any person to ensure compliance with licence conditions, provision of the CMA 1998 and any of its subsidiary legislation.

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“However, the issuance of such direction cannot be done arbitrarily and must adhere to due process. The person will be granted the opportunity to be heard before a direction is issued,” the commission said in the Frequently Asked Questions section on the MCMC website today.

The MCMC stressed that any service providers could appeal to the Appeal Tribunal established under the CMA 1998 and thereafter to judicial review should they be aggrieved or adversely affected by decisions and directions issued by the commission.

The MCMC also explained that it can take action, including administrative warnings, issuance of compliance direction to rectify breaches, impose civil penalty or compound offences to proportionately deal with any breach of licence conditions or conduct requirements by licensed service providers.

“MCMC will assess the nature of the breach including its severity, impact, and frequency as well as the service provider’s compliance record in deciding the appropriate action to be taken.

“In the most severe and grave nature of breach, MCMC can suspend access to said Service Provider’s platform; de-register of the Applications Service Provider Class (ASP (C)) licence; or commence prosecution,” the commission said, adding that there were several licensees who have submitted appeals to the Appeal Tribunal on various issues since 2020.

The commission pointed out that the framework has been benchmarked against and aligns with global best practices and developments seen in Singapore, Indonesia, India, Australia, the United Kingdom (UK), Ireland, Germany, and the European Union (EU) that have introduced domestic regulatory oversight on online services including Internet messaging and social media services.

“Despite diverse approaches to regulating online services across jurisdictions, there are key similarities in their implementation, including a consensus on prohibiting illegal and harmful content online and ensuring online services have clear duties to protect their users.

“Other areas addressed in the benchmarked jurisdictions above include protection of user data, child safety measures, combatting online harassment and bullying, ethical use of user data for advertising, and user empowerment and control,” the MCMC added.

A new regulatory framework for Internet messaging and social media providers was gazetted today, requiring those with at least 8,000,000 registered Malaysian users to apply for an ASP(C) licence from the MCMC.

The framework will take effect on Jan 1, 2025.

-- BERNAMA