Online safety & content laws in Malaysia (2026)

Legal framework

Online Safety Act 2024 (Act 866, in force 1 Jan 2026) plus social-media/messaging class-licensing under the Communications and Multimedia Act 1998 (CMA 1998), enforced by the Malaysian Communications and Multimedia Commission (MCMC).

Key points: internet & online safety in Malaysia

1. 01Dedicated online-safety law

   The Online Safety Act 2024 (Act 866) was gazetted 22 May 2025 and came into force 1 January 2026, placing statutory duties on platforms and licensees to address harmful content and establishing an Online Safety Committee within MCMC to determine harmful-content categories and mitigation measures.

   rahmatlim.com digitalpolicyalert.org

2. 02Platform licensing threshold

   Since 1 January 2025, internet-messaging and social-media platforms with at least 8 million Malaysian users must obtain an annual MCMC Applications Service Provider Class (ASP(C)) licence; from 2026 such platforms are auto-registered via the s.46A 'deeming provision' (Ministerial Declaration) under CMA 1998.

   komunikasi.gov.my insightplus.bakermckenzie.com

3. 03Platform-liability and penalties

   Failure to comply with MCMC directions to remove harmful content is an offence carrying fines up to RM1 million plus up to RM100,000 per day of continued non-compliance; the licensing framework adds fines up to RM500,000 and up to five years' imprisonment, with power to suspend access or revoke licences.

   christopherleeong.com itif.org

4. 04Age verification / child protection

   Licensed platforms must deploy age-verification mechanisms restricting users under 13, maintain local content-moderation teams and complaint procedures, and file biannual safety reports; child safety and family protection are central goals of the Online Safety Act.

   itif.org rahmatlim.com

5. 05Compliance and enforcement actions

   Uptake has been uneven: TikTok, WeChat and Telegram obtained ASP(C) licences while Meta (Facebook/Instagram/WhatsApp), X and YouTube initially operated without one; MCMC sued Telegram in 2025 over content violations, signalling active enforcement.

   soyacincau.com mobileecosystemforum.com

6. 06Broad content-control powers and rights concerns

   CMA 1998 s.233 has long been used to block websites (e.g. Sarawak Report, Medium) and prosecute 'offensive' online posts; in August 2025 the Federal Court ruled the terms 'offensive' and 'annoy' in s.233 unconstitutional, while civil-society groups warn the new regime risks over-broad censorship.

   m.aliran.com article19.org

Timeline of decisions

1. 6 Feb 2026Decision
   Federal Court Reinstates 'Offensive' and 'Annoy' Provisions in Section 233 CMA

   The Federal Court partly reversed the Court of Appeal's August 2025 ruling, holding that the words 'offensive' and 'annoy' in Section 233(1)(a) of the CMA 1998 are constitutional within Malaysia's multiracial context, while setting a higher prosecutorial threshold of proven intent to annoy. Critics including ARTICLE 19 condemned the ruling as a blow to online free speech.

   ARTICLE 19

2. 1 Jan 2026Law
   Online Safety Act 2025 Enforcement Begins; Major Platforms Deemed Licensed

   The Online Safety Act 2025 (Act 866) entered into force, imposing binding risk-based duties on licensed platform operators to address nine categories of harmful content, including CSAM, fraud, harassment, and incitement to violence, with fines up to RM 10 million for non-compliance. Simultaneously, a Deeming Provision automatically licensed major platforms including Meta and TikTok.

   Malay Mail / MCMC

3. 1 Jan 2026Law
   Online Safety Act 2025 Enters Into Force

   Passed by Parliament in December 2024 and gazetted in May 2025, the Online Safety Act came into effect on 1 January 2026, imposing content-moderation obligations on digital platforms over AI-generated harmful material including deepfakes, and empowering MCMC to mandate takedowns and levy compound penalties on non-compliant platforms.

   Bernama

4. 19 Aug 2025Decision
   Court of Appeal Strikes Down 'Offensive' and 'Annoy' in Section 233 CMA as Unconstitutional

   In Heidy Quah Gaik Li v Government of Malaysia, the Court of Appeal unanimously ruled that 'offensive' and 'annoy' in Section 233(1)(a) of the CMA 1998 violated Articles 8 (equality) and 10 (freedom of speech) of the Federal Constitution, finding the terms so vague that any speech could be criminalised if one person finds it offensive. The ruling was subsequently appealed by the government.

   Rajah & Tann Asia

5. 22 May 2025Law · official
   Online Safety Act 2025 (Act 866) Gazetted after Royal Assent

   After Parliament passed the Online Safety Bill in December 2024, the Act received Royal Assent on 6 May 2025 and was published in the Federal Gazette on 22 May 2025. It is Malaysia's first standalone online safety statute, applying extraterritorially to any platform accessible in Malaysia regardless of where it is based.

   MCMC

6. 1 Jan 2025Enforcement
   Social Media Licensing Enforced: TikTok and WeChat First to Comply, Meta Initially Non-Compliant

   Mandatory class-licensing for social media and internet messaging platforms with 8 million or more Malaysian users took effect. ByteDance (TikTok) and Tencent (WeChat) were the first to obtain licences; Meta's platforms, X, Telegram, and YouTube were initially non-compliant, risking fines up to RM 500,000 or five years' imprisonment under Section 126 of the CMA.

   Soya Cincau

7. 9 Dec 2024Law
   Communications and Multimedia (Amendment) Act 2024 Passed by Parliament

   Passed by a narrow margin of 59 to 40 votes, the CMA amendments substantially expanded MCMC's powers to order platform content removal, compel user-data disclosure without a court order, and suspend licences for non-compliance. Civil society groups including ARTICLE 19 and Amnesty Malaysia condemned the law as incompatible with Article 10 of the Federal Constitution and the CMA's own Section 3(3) no-censorship pledge.

   Free Malaysia Today

8. 1 Aug 2024Decision
   Social Media Licensing Framework Takes Effect: CMA Exemption Order Amended

   Amendments to the Communications and Multimedia (Licensing) (Exemption) Order 2000 removed the licensing exemption for social media and internet messaging platforms with 8 million or more Malaysian users, giving platforms five months, until 1 January 2025, to obtain a class licence from MCMC. This was Malaysia's first direct licensing requirement targeting major global online platforms.

   Baker McKenzie Connect on Tech

9. 1 Jul 2021Decision
   Federal Court Convicts Malaysiakini for Contempt over Reader Comments

   The Federal Court found independent online news portal Malaysiakini guilty of contempt of court for failing to remove reader comments critical of the judiciary, imposing a fine of RM 500,000. The landmark case tested online intermediary liability under Malaysian law and was widely condemned by press-freedom organisations as a precedent that could hold publishers responsible for third-party user content.

   ARTICLE 19

10. 31 Jul 2012Law
    Evidence Act Section 114A: Reverse Burden of Proof Imposed on Online Publishers

    The Evidence (Amendment) (No. 2) Act 2012 inserted Section 114A into the Evidence Act 1950, creating a rebuttable presumption that any person whose name appears on an online publication, or who owns or controls the device from which a publication originates, is deemed to have published the content. The law prompted an 'Internet Blackout Day' protest and was criticised internationally for inverting the presumption of innocence.

    International Commission of Jurists

11. 1 Apr 1999Law · official
    Communications and Multimedia Act 1998 Enters into Force, MCMC Established

    The CMA 1998 (Act 588) replaced the Telecommunications Act 1950 and Broadcasting Act 1988 with a single technology-neutral framework, establishing the MCMC as Malaysia's converged communications regulator. Section 3(3) explicitly stated that 'nothing in this Act shall be construed as permitting the censorship of the Internet', honouring MSC Malaysia's Bill of Guarantees; Section 233 simultaneously made offensive, false, or menacing online communications a criminal offence.

    MCMC

Sources

1. 1.komunikasi.gov.my/en/public/news/26834-malaysia-begins-social-media-licencing-for-safer
2. 2.mcmc.gov.my/en/legal/acts
3. 3.digitalpolicyalert.org/event/31888-adopted-online-safety-bill-including-content-moderation-r
4. 4.rahmatlim.com/perspectives/articles/32091/online-safety-in-malaysia-what-you-should
5. 5.christopherleeong.com/viewpoints/an-overview-of-the-online-safety-bill-2024/
6. 6.insightplus.bakermckenzie.com/bm/technology-media-telecommunications_1/malaysia-licensing-of-social
7. 7.itif.org/publications/2025/06/09/malaysia-digital-licensing-mandate/
8. 8.soyacincau.com/2025/12/15/mcmc-social-media-instant-messaging-platforms-deemed-licen
9. 9.mobileecosystemforum.com/2025/07/02/malaysias-mcmc-sues-telegram-over-content-violations-a-new
10. 10.article19.org/resources/malaysia-online-safety-bill/
11. 11.m.aliran.com/civil-society-voices/alarm-over-reinstatement-of-offensive-and-annoy-