M’sia Minister: No plan to block social media platforms failing to register under new licence framework

KUALA LUMPUR, MALAYSIA: The government has no intention of blocking access to internet messaging services and social media platforms that fail to register for the required service licences after 1 January next year, said Communications Minister Fahmi Fadzil.

The minister explained that the licensing requirement under the Communications and Multimedia Act (CMA) 1998 aims to ensure service providers are accountable and play a critical role in creating a safer online ecosystem for platform users.

“This (blocking access) is a last resort. We do not want to head in that direction. What we want is not just fast internet but a safe online platform for children and families,” he said in response to a supplementary question from Member of Parliament for Tasek Gelugor Datuk Wan Saifulruddin Wan Jan  during the Q&A session in Parliament on 7 November.

The MP asked whether the government would block access to social media platforms that fail to register their licensing after the new regulation takes effect, and whether the new regulations would overlap with the Online Safety Bill being drafted.

Fahmi responded by saying that the Ministry, together with the Malaysian Communications and Multimedia Commission (MCMC) and the Legal Affairs Division of the Prime Minister’s Department (BHEU), has conducted multiple engagement sessions to ensure no overlap between the CMA 1998 (Act 588) and the proposed bill.

“These two regulations are complementary to each other,” he said.

Fahmi asserts the new requirement safeguards free speech while regulating social media

On the issue of balancing social media regulation with freedom of speech and the right to information, Fahmi highlighted that under Act 588, there are robust protections to balance the need for regulation with the protection of free speech and the freedom of information.

He emphasised that the implementation of the licensing framework aims to address online crime without hindering innovation and development. Furthermore, enforcing the licensing rules will not negatively impact users.

“Users will continue to enjoy a safer digital experience, and freedom of speech is a fundamental right enshrined under Article 10 of the Federal Constitution, but it must come with responsibility,” Fahmi said.

“Unrestricted freedom leads to disaster. This action is to ensure a balance between freedom of speech, national security, and the well-being of the people.”

Fahmi also reaffirmed that, as outlined in the MSC Malaysia Bill No.7, the government will not censor the internet.

However, he stressed that this does not mean that illegal content can be freely disseminated without legal consequences.

He assured that users would still be able to access and use these platforms once the regulations are enforced.

The licensing requirement takes effect on 1 January 2025.

“Regarding whether users can still access social media platforms after the licensing requirement is enforced on 1 Jan 2025… it is emphasised that only platforms with over eight million users in Malaysia need to register.”

“At this stage, the government does not intend to restrict access to such platforms if they fail to register. We see this as a ‘last resort’ and would prefer to avoid that direction.

He added that the public consultation process for the draft Code of Conduct between MCMC, service providers, the public, industry players, and relevant stakeholders was held yesterday, with MCMC now in the process of finalising the draft for publication.

Malaysia pushes for social media licensing framework to combat rising cybercrimes

The Malaysian government has been advocating for a licensing framework for social media platforms to hold providers accountable amid rising cases of cybercrimes, particularly sexual crimes against children and online fraud.

Under the new regulations, platforms such as Meta (Facebook, Instagram, and WhatsApp), Google (YouTube, Google Chat), TikTok, Telegram, and X must apply for a government-issued license starting from 1 Aug 2024.

“Failure to obtain a licence after the effective date (Jan 1, 2025) would be an offence, and appropriate legal action can be taken under the Communications and Multimedia Act,” the MCMC said.

Deputy Communications Minister Teo Nie Ching previously highlighted a concerning rise in sexual crimes involving children on social media, with cases increasing from 360 in 2022 to 525 in 2023, and 288 cases reported between January and June this year.

Online fraud has also surged, with losses amounting to RM453 million (approximately US$102 million) in 2022, jumping to RM1.2 billion (US$272 million) in 2023, and reaching RM637 million in just the first half of this year.

Malaysia has also faced a rise in harmful content, with the Malaysian Communications and Multimedia Commission (MCMC) receiving over 3,400 complaints of hate speech between 2020 and 2023, and online scams costing RM3.2 billion (US$729 million) during the same period.

Fahmi briefed on Singapore’s fake news law POFMA during July 2024 visit

The government defended its regulation by pointing to similar frameworks in countries like the UK, EU, Singapore, and India, which enforce laws to ensure safer online environments, content moderation, transparency, and protection for minors.

In late July, Communication Minister Fahmi met with Singapore’s Digital Development and Information Minister Josephine Teo to discuss social media platform licensing and online safety, with a focus on protecting families and children.

Fahmi was also briefed on Singapore’s laws, including the Protection from Online Falsehoods and Manipulation Act and the Online Criminal Harms Act (POFMA), particularly in managing crises involving misinformation.

Social media licensing regulation faces scrutiny over alleged restrictions on freedom of expression and lack of transparency

The new licensing regulation has faced significant backlash from civil society groups, including Article 19 and the Centre for Independent Journalism (CIJ), who argue that it risks stifling freedom of expression, lacks transparency, and could grant undue control to authorities, posing threats to democracy and public discourse.

Concerns have also been raised about the extensive powers of the MCMC, with critics highlighting that Sections 211 and 233 of the CMA have historically been used to limit free expression and fall short of international human rights standards.

In an open letter to Prime Minister Anwar Ibrahim on 27 June, 44 organizations and 23 activists condemned the licensing proposal as a “blatant abuse of power” and an “attack on a healthy, functioning democracy” that would “shrink public participation.”

On 30 October, a Meta representative echoed these concerns, criticizing the proposal for its lack of clear guidelines and the limited time given for compliance, warning that it could hinder digital innovation and economic growth in Malaysia.

Meta stated that it has shared its concerns with the government and is hopeful for constructive dialogue to “bridge the differences” before the regulation takes effect.

Malaysia’s ranking in the 2024 World Press Freedom Index has also dropped to 107th, from 73rd previously.