PUTRAJAYA: Providers of social media platforms without a valid licence by Jan 1 next year can be fined or jailed, warns Communications Minister Fahmi Fadzil.
He explained that the licensing requirement only applies to social media platforms and is not aimed at regulating social media users or influencers.
“We have determined that action can be taken under Section 126 of the Communications and Multimedia Act,” he said yesterday.
Under the Act, if found guilty, a service provider can be fined not more than RM500,000, jailed five years or both.
They can also be fined RM1,000 for each day or part of a day, as long as the offence continues.
Fahmi said engagements with stakeholders, including social media platforms and internet messaging systems, would be held to identify codes of conduct and what might happen if certain actions and directives are ignored by licencees.
The minister reiterated that the purpose of licencing is not aimed at restricting freedom of speech but is part of the government’s efforts to address three core issues – scams, cyberbullying and sexual crimes, particularly against children.
Fahmi also addressed concerns whether the licensing move would allow the government to arbitrarily shut the social media platforms.
“Many have asked whether licensing Meta Platforms Inc would allow us to arbitrarily shut down Meta if, for example, it removes posts from the official account of the Prime Minister. The answer is no,” he said.
He said the Frequently Asked Question released by the Malaysian Communications and Multimedia Commission (MCMC) covered actions that users or platforms could take if they wish to appeal against a directive or decision.
Engagement sessions had been held with MPs and NGOs, said the minister, adding that while 79 bodies and organisations were invited, only 27 attended.
They included the Centre for Independent Journalism, the Bar Council, Article 19, Suara Rakyat Malaysia (Suaram), United Nations Children’s Fund (Unicef), National Union of Journalists Malaysia (NUJ), Justice for Sisters, and Legal Dignity.
Fahmi said Muda and Gerakan Media Merdeka (Geramm) were not present at these sessions.
MCMC announced that all social media and internet messaging services with at least eight million registered users in the country must apply for a Class A Application Service Licence under the Communications and Multimedia Act 1998.
MCMC stated that this measure will come into effect on Jan 1, 2025.
The service providers will have until Dec 31 to register.
