PETALING JAYA: Enforcement under the Online Safety Act (Onsa) must balance regulation with engagement to encourage genuine cooperation, says Malaysia Cyber Consumer Association president Siraj Jalil.
Siraj said Onsa is not intended merely to penalise, but to promote behavioural change and enhance the safety of the digital ecosystem.
“Excessively punitive approaches without dialogue risk driving defensive compliance rather than genuine cooperation. The optimal approach is a firm but constructive regulatory posture with clear rules, credible penalties and ongoing dialogue to help platforms align their systems and governance with Malaysian standards,” he said when contacted.
He added that online harm extends beyond illegal content to include psychological manipulation, algorithmic amplification of harmful narratives, data exploitation and erosion of trust in digital spaces.
“Accountability must go beyond platforms to cover how systems are designed, not just what content is removed. Ultimately, online safety is a shared responsibility among regulators, platforms, parents, educators and users,” Siraj said.
The Online Safety Bill was passed in the Dewan Rakyat on Dec 11, 2024, and gazetted on May 22 this year. It is expected to be enforced from January next year.
Siraj noted that the financial penalty of up to RM10mil for non-compliance under Onsa should be seen as a foundational deterrent rather than a cure-all.
“For smaller or regional service providers, this is significant and can drive compliance. For large multinational platforms, penalties alone may not always be enough to change behaviour,” he said.
He suggested Malaysia adopt a gradual penalty framework, taking into account company size, repeated non-compliance and harm to users.
“There must be certainty in enforcement, consistency and escalation mechanisms. Penalties are more effective when imposed decisively and transparently, rather than sporadically at higher amounts,” he said.
Siraj urged strong enforcement if non-compliance is detected, especially in cases of clear harm to users or systemic disregard for legal obligations.
He warned that any delay in Onsa enforcement, expected to begin Jan 1 next year, could prolong risks to children, families and vulnerable users.
“In the digital environment, regulatory delay is not neutral; it benefits bad actors and irresponsible platforms,” he said.
Siraj noted that Onsa is Malaysia’s first comprehensive attempt to define a duty of care across the digital value chain, from service providers to content, application and network providers.
