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MCMC Issues Licences to WeChat and TikTok in Malaysia, X and YouTube Lag Behind: What Does This Mean for Social Media Regulation?

The Malaysian Communications and Multimedia Commission (MCMC) has granted licences to TikTok and WeChat to operate in Malaysia, while X and YouTube have not yet applied. Tencent (WeChat) and ByteDance (TikTok) are the first platforms to receive the necessary licence under the new social media regulation in Malaysia.

Starting from 1st January 2025, any social media or messaging platforms in Malaysia with over 8 million users must get a license. This rule is in place to make the online space safer for Malaysians and to make sure platforms take responsibility for issues like child sexual abuse and financial scams.

WeChat and TikTok are among the first platforms to receive a license from MCMC. Tencent, the company behind WeChat, was the first to be granted the license, followed by ByteDance, the company behind TikTok. This means that Facebook, WhatsApp, Instagram, Telegram, X, and YouTube are currently not in compliance with the regulations.

According to the regulator, Telegram is close to obtaining their license as they are in the final stages of the approval process. Meta, the company that oversees Facebook, Instagram, and WhatsApp, has also started the process to obtain their license and is expected to do so soon.

Both X and Google have not yet submitted their license applications, according to MCMC. X, previously known as Twitter, and Google, which operates YouTube, have not yet submitted their applications. X stated that they do not have 8 million users in Malaysia, while Google is questioning its classification as a social media platform under the Licensing Framework.

The regulatory body 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 follow the rules 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, according to Section 126 of the Communications and Multimedia Act 1998.

If found guilty, the provider could be fined up to RM500,000, or sentenced to up to 5 years in prison, or both. Additionally, the platforms may be subject to an additional fine of RM1,000 for each day that the offense continues after conviction.

It is important to note that the licensing regulations only pertain to certain social media and messaging platforms. Individuals 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 any social media or messaging platforms that do not obtain a license by January 1, 2025. He explained that the licensing system outlined in Act 588 is aimed at addressing online crimes while still allowing for progress and growth in the industry.

Service providers who do not follow the rules will not have their services shut down, but they may face fines and other consequences. The MCMC has not established a specific deadline for service providers to remove harmful content such as scam advertisements from their platforms.

In Indonesia, anyone with a license is required to remove any content that is considered illegal or disrupts public order within 4 hours if it is an emergency. Non-urgent 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 recommended practices to be followed by service providers who are licensed under the CMA 1998. They focus on handling harmful content and ensuring compliance with conduct requirements, in addition to existing obligations under Malaysian laws.

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