Licensed to Post? MCMC’s New 2025 Rules for Social Media in Malaysia
The digital landscape in Malaysia is about to undergo a significant shift. Starting January 1, 2025, the Malaysian Communications and Multimedia Commission (MCMC) will require large social media platforms to obtain a license to operate.
This move, aimed at increasing accountability, has major implications for businesses, content creators, and all users. Understanding the legal basis for this is crucial.
The Legal Framework: The CMA 1998
This new licensing requirement is an extension of the MCMC’s power under the Communications and Multimedia Act (CMA) 1998. While the platforms themselves are being targeted for licensing, the government’s primary enforcement tool against individuals remains Section 233 of the CMA.
Section 233 criminalises the use of network facilities to create or transmit content that is:
- Obscene
- Indecent
- False
- Menacing
- Or offensive in character, with intent to annoy, abuse, threaten, or harass.
Key Legal Concerns
- Curbing the “3Rs”: The government has stated the new rules are to combat the spread of content related to Race, Religion, and Royalty (3R). We anticipate a more aggressive enforcement of Section 233 and the Sedition Act for such content.
- Increased Platform Responsibility: Licensed platforms will likely be required to moderate and remove content faster to avoid jeopardising their license. This could lead to more “takedowns” and account suspensions.
- High-Profile Arrests: Recent arrests of individuals like ‘Chegubard’ and ‘Papagomo’ under the CMA and Sedition Act serve as high-profile warnings, demonstrating the serious legal consequences of online conduct.
What This Means for Businesses and Users
For businesses, this means digital marketing and social media policies must be reviewed to ensure they do not breach these sensitive lines. For individuals, it is a reminder that “freedom of speech” is not absolute and carries significant legal responsibilities under Malaysian law.
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