PUTRAJAYA – The new regulatory framework for social media and internet messaging services introduced today, or the licensing requirement for service providers which will take effect from January 1 next year, do not apply to users of social media platforms, says Communications Minister Fahmi Fadzil.
As such, Fahmi said users do not need to obtain the licence as the licensing requirement only applies to social media service providers.
“Some parties are sharing views (about the licensing process) that are far from the truth. I want to clarify that it applies to the service providers and not to the individual users, including influencers.
“The MCMC (Malaysian Communications and Multimedia Commission) will publish a list of FAQ (frequently asked questions) to explain the licensing system,” he told a press conference, here today.
Fahmi said between August 1 and December 31, MCMC will hold an engagement session with all stakeholders including representatives of social media platforms and internet messaging system providers to identify the code of conduct and possible actions to be taken for failure to have a license or disobeying instructions.
Fahmi said failure to comply with the directive would result in social media and Internet messaging platform providers being charged under Section 126 of the Multimedia Communications Act 1998 (Act 588), which carries a maximum fine of RM500,000 or five years in prison or both, upon conviction.
“They can also be fined RM1,000 for every day or part of that day as long as the offence continues,” he said.
The minister said the main objective of the licensing of social media services is based on three factors, namely online fraud, cyberbullying and sexual crimes against children, and it is not to restrict freedom of expression.
“So when these platforms are licensed, they need to adopt a system capable of combating the crimes I mentioned earlier. That is the main intention of the government to license this platform and to be honest freedom of expression will not be touched,” he said.
On whether social media and Internet messaging service providers had been briefed on the licensing move, Fahmi said the MCMC had held a discussion with 27 related parties including non-governmental organisations and Centre of Independent Journalism (CIJ), Article 19 and the Bar Council, last February.
He said this proves that the government is very open to views and criticism in protecting people’s rights, the right to freedom of expression and the right to use the Internet safely.
Fahmi said engagement sessions will continue to be held with the stakeholders to increase their understanding of the licensing measures, which is also a proof of the government’s seriousness in ensuring that the Internet is safe for children and families to use.
On July 27, the MCMC in a statement announced that under the new regulatory framework, all social media and Internet messaging services with at least eight million registered users in Malaysia must apply for an Application Service Provider Class Licence under the Communications and Multimedia Act 1998 (Act 588). – August 1, 2024