Gone Viral!!! New Licensing Framework for Internet Messaging and Social Media Platforms in Malaysia!!

The Malaysian Communications and Multimedia Commission (“MCMC”) announced on 1 August 2024 that a new regulatory framework for Internet messaging service and social media service will come into effect on 1 January 2025.

Two Ministerial orders were gazetted on 1 August 2024 to amend the following subsidiary legislation under the Communications and Multimedia Act 1998 (“CMA”):

(i)       Communications and Multimedia (Licensing) Regulations 2000; and

(ii)      Communications and Multimedia (Licensing) (Exemption) Order 2000

With the amendments, service providers of “Internet messaging services” and “social media services” with more than 8 million users in Malaysia must be registered under an Applications Service Provider Class (“ASP (C)”) licence under the CMA (collectively referred to as the “Relevant Service Providers”).

“Internet messaging services” and “social media services” are defined as follows:

“Internet messaging services” means an applications service which utilizes Internet access service that enables a user to communicate any form of messages with another user.

“Social media services” means an applications service which utilizes Internet access service that enables two or more users to create, upload, share, disseminate or modify content.

MCMC has also published an Information Paper and FAQ Guide on the new licensing framework which can be accessed here.

MCMC has stated that end users of services offered by these Relevant Service Providers will not be affected by the new regulatory framework. It also reiterated that end users can expect a safer online environment, better protection against harmful content, and clearer avenues for addressing complaints and concerns.

The Relevant Service Providers are given a grace period of five months from 1 August 2024 to apply for the ASP (C) licence and comply with the relevant licensing requirements. The validity period for ASP (C) licence held by the Relevant Service Providers is one year from the registration date and the licence is required to be renewed annually.

For further enquiries, you may contact Nadarashnaraj Sargunaraj, Stanley Lee Wai Jin,  Vivienne Caitlin Michael of Zaid Ibrahim & Co (in association with KPMG Law).