The Malaysian Communications and Multimedia Commission (MCMC) has stated that Tencent (WeChat) and ByteDance (TikTok) are the first social media platforms to receive the necessary licence to operate in Malaysia under the new regulations. Other platforms like X and YouTube have not yet applied for the licence.
Starting on January 1st, 2025, social media and messaging platforms in Malaysia with a minimum of 8 million users must acquire a license. This rule is put in place to create a more secure online space for Malaysians and to make platforms responsible for addressing issues like sexual crimes involving children and financial scams.
According to an announcement from MCMC, WeChat and TikTok were the first platforms to receive a license. Tencent (WeChat) was the initial recipient, followed by ByteDance (TikTok). This indicates that Facebook, WhatsApp, Instagram, Telegram, X, and YouTube are currently not in compliance with regulations.
The regulatory authority mentioned that Telegram is close to obtaining its license as they are nearing the end of the approval process. Additionally, Meta, the company behind Facebook, Instagram, and WhatsApp, has started the licensing process and is also expected to receive their license soon.
Both X (previously known as Twitter) and Google, the owner of YouTube, have not submitted their license applications yet, according to MCMC. X stated that they do not have 8 million users in Malaysia, while Google is questioning their categorization as a social media platform under the Licensing Framework.
The regulatory agency has considered the concerns brought up by Google and will make sure that YouTube and other similar platforms comply with the licensing requirements and fulfill their obligations to follow the current Licensing framework.
Platforms that do not comply with regulations will face consequences. The Malaysian Communications and Multimedia Commission (MCMC) will take action against service providers who do not have a license and continue to operate after January 1, 2025, under Section 126 of the Communications and Multimedia Act 1998.
In the event of being found guilty, the service provider may be subject to a fine of up to RM500,000, a maximum imprisonment of 5 years, or both. Additionally, the platforms could be held responsible for an additional fine of RM1,000 for each day that the offense persists following a conviction.
It is important to note that the licensing regulations only pertain to certain social media and messaging platforms. Individuals, pages, or groups with more than 8 million members or followers do not need to get a license.
Fahmi Fadzil, the Minister of Communications, has confirmed that the government does not plan to restrict access to social media or messaging apps that do not obtain a license by January 1, 2025. He explained that the licensing regulations outlined in Act 588 are designed to address online criminal activities while still allowing for progress and growth in the digital realm.
Service providers who do not follow the rules will not have their services blocked, but they may face fines and other consequences. The Malaysian Communications and Multimedia Commission (MCMC) has not specified a deadline for service providers to remove harmful content, such as scam advertisements, from their platforms.
Indonesia mandates that all license holders must promptly remove any content that is considered illegal or disruptive to public order within 4 hours if it is urgent. Other takedown requests must be completed within 24 hours.
On December 20, 2024, the MCMC introduced a set of guidelines for social media and messaging platforms. These guidelines outline the best practices that licensed service providers must follow in dealing with harmful content and other misconduct. These practices are in addition to the responsibilities and obligations outlined in the CMA 1998 and other Malaysian laws.
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