Possible fines, jail time await social media platforms that fail to register

Social media platforms that fail to get licensed by Jan 1 next year can be punished with fines and/or jail time if they continue to operate in Malaysia, Communications Minister Fahmi Fadzil clarified today.

He said this when asked to explain whether the Communications and Multimedia Act 1998 (CMA) had provisions that would allow the government to shut down unlicensed platforms.

“For now, we have determined that action can be taken under Section 126 CMA.

“If found guilty, the service provider can be fined not more than RM500,000 or five years’ jail or both.

“And they can be fined RM1,000 for every day, or part of the day, as long as the offence continues,” he told a press conference at his ministry.

Breach assessment

In the frequently asked questions document on the matter released by the Malaysian Communications and Multimedia Commission (MCMC) today, violations will be assessed based on severity, impact and frequency.

“MCMC will assess the nature of the breach including its severity, impact, and frequency as well as the compliance record of said service provider in deciding the appropriate action to be taken against them.

“In such circumstances, MCMC can initiate actions ranging from an administrative warning, issuance of compliance direction to rectify the breach, impose a civil penalty or compound offences to proportionately deal with the breach.

“In the most severe and grave nature of the breach, MCMC can suspend access to said service provider’s platform, de-register the Applications Service Provider Class licence; or commence prosecution,” it said.

Engagement sessions to continue

The new regulatory framework for social media and internet messaging service providers comes into effect today.

The service providers will have until Dec 31 to register before implementation is enforced on Jan 1, 2025.

Previously, Deputy Prime Minister Ahmad Zahid Hamidi said the government would shut down unlicensed social media platforms and internet messaging services on Jan 1, 2025.

Fahmi said engagement sessions had been held with MPs and NGOs.

The sessions will continue to ensure that Malaysians understand the government’s move, particularly since it is constitutional, he added.

“We want a better atmosphere, especially in ensuring that the internet is safer for our children and families,” he said.

However, not all of those invited to the engagement sessions had been present, he said.

While around 79 bodies had been invited, only 27 attended, including 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.

Youth-led political party Muda and Gerakan Media Merdeka (Geramm) were not present, Fahmi said.

He explained that the government’s action is meant to curb online scams, cyberbullying and sex crimes against children.

According to a briefing given by the Bukit Aman Commercial Crime Investigation Department, Malaysians last year lost more than RM500 million through online scams on Facebook alone, he said.

The move will not affect the constitutionally guaranteed right to freedom of speech, he assured.

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