Licensing Of Social Media Providers To Ensure Users' Protection, Safety

KUALA LUMPUR, Aug 24 (Bernama) --  The government's decision to mandate licensing for social media providers, effective Jan 1, 2025, is a proactive step aimed at safeguarding the interests and safety of users.

Malaysian Communications and Multimedia Commission (MCMC) deputy managing director Datuk Zulkarnain Mohd Yasin said this regulation is a crucial legal intervention to maintain public order and preserve national harmony.

"Given the rapid advancement of telecommunication technology, with coverage reaching up to 97 per cent in the country, we are witnessing the misuse of social media platforms, particularly concerning cyberbullying, cybercrime, and hate speech,” he said when appearing as a guest on Bernama TV’s ‘Ruang Bicara’ programme.

He added that the time has come for licensing, or legal intervention, to be formally introduced under the Applications Service Providers Class (ASP(C)) licence, as stipulated in the Communications and Multimedia Act (CMA) 1998 (Act 588), after 26 years of internet usage in Malaysia.

“It's time to integrate what was previously unregulated into the licensing framework, as the necessary infrastructure already exists,” he explained.

Previously, MCMC announced that all social media and internet messaging services with at least eight million users in the country must apply for an ASP(C) licence under the CMA 1998.

Zulkarnain noted that, based on MCMC’s observations, internet service providers have been perceived as neglecting their responsibility to protect users.

“We initially offered flexibility to promote the use of online applications, but as the risks and harms grew more severe, the government decided that regulation was necessary,” he said.

He added that the regulation aims to address safety and fairness in the market while enhancing user confidence in these platforms.

“For instance, some individuals still prefer traditional banking over online banking due to concerns about security and a lack of trust in the digital platforms and applications,” he explained.

“Hence, this legislative intervention aims to assure both current and future users that it is safe to continue using these platforms,” he said.

Zulkarnain explained that licensing will enable the government to regulate not only consumer protection but also market imbalances, ensuring that both traditional services and broadcasting services are safeguarded.

“For example, piracy not only undermines user safety but also disrupts market balance and fairness for content providers,” he said.

Discussing the development of the regulatory framework, Zulkarnain highlighted three main areas of focus: consumer protection, market openness, and justice.

He emphasised that this intervention will address rule violations equally, regardless of whether they occur online or offline.

He said that the licensing measures will not impede freedom of expression but will address various harms associated with technological advancements, such as artificial intelligence (AI) and deepfake technology.

“Freedom of expression is protected by the constitution, but misconduct in the virtual world is as unacceptable as it is in the real world,” he emphasized, urging social media users not to be dismayed by the licensing requirements.

Zulkarnain clarified that the licensing under the CMA 1998 applies specifically to internet messaging and social media service providers.

Regarding enforcement, he said that service providers could face fines of up to RM500,000 or imprisonment for up to five years, or both, if they fail to obtain the necessary licence by Jan 1.

“Additionally, they will incur an extra RM1,000 fine for each day or part of a day which the offence continues after conviction,” he added.

“For more severe violations, MCMC may block access to the service provider's platform, cancel the ASP(C) licence, or initiate prosecution,” he said.

-- BERNAMA