KUALA LUMPUR: Social media and Internet messaging platform providers will be penalised if they fail to obtain social media licensing once it is enforced from Jan 1, the Dewan Rakyat heard.
Communications Minister Fahmi Fadzil said the providers would not face termination of their services, however.
"Providers that fail to obtain the licence will face legal action, including a compound of up to RM250,000.
"If the case goes to court, the penalties could reach up to RM500,000 or jail for up to five years,” he said during the question and answer session here on Tuesday (Nov 19).
Fahmi said providers found guilty by the courts could face fines of RM1,000 each day for operating without a licence.
“The licensing is not for individuals but for platform providers such as Facebook, WhatsApp, and Instagram.
“For now, the government does not plan to shut down the platforms (if the providers fail to obtain the licence),” he told Abdul Latiff Abdul Rahman (PN-Kuala Krai), who asked about the impact of the licensing requirement on users, especially small businesses, that depend on social media.
The licensing requirement for internet messaging service providers and social media service providers was gazetted on Aug 1 and will come into effect on Jan 1.
Service providers must apply for a Class Licence for Applications Service Providers or ASP(C) under the Communications and Multimedia Act 1998.
Fahmi said the licensing requirement aims to ensure that service providers are accountable and play a crucial role in creating a safer online ecosystem for their users.
Enforcement will not affect users as only the providers need to obtain the licence from the Malaysian Communications and Multimedia Commission, he added.
“This move includes effectively addressing harmful content by strengthening (providers') systems and processes to reduce online crimes such as fraud, sexual offences and cyberbullying.
“The Act provides strong safeguards to balance regulatory needs with the protection of freedom of speech and access to information.
“The implementation of the licensing framework under the Act is designed to tackle online criminal issues without stifling innovation and development,” he said.
Hassan Abdul Karim (PH-Pasir Gudang) had asked if the licensing requirement would affect citizens’ opportunities and freedoms.
