PRELIMINARY
Short title and commencement
/akn/my/act/act/2025/866
ONLINE SAFETY ACT 2025
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- Type
- Act
- Status
- In force
- Enacted
- 2025
- Sections
- 93
- Languages
- MS · EN
Quick answer
About this act
ONLINE SAFETY ACT 2025 is Malaysia Act, cited as Act 866 2025, currently marked in force and first recorded in 2025.
Opening note
Preamble
- An Act to enhance and promote online safety in Malaysia by regulating harmful content and providing for duties and obligations of the applications service providers, content applications service providers and network service providers, and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows:
Part I
Part I
Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Application
Section 2
(a)
any applications service which utilizes internet access service that enables communications between users;
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(b)
any content applications service which utilizes internet access service to provide content; and
(2)
This Act shall not apply to a private messaging feature of any applications service and content applications service.
(3)
For the purposes of subsection (2), “private messaging feature” means a feature that allows a user to communicate a content to a specific and limited number of recipients determined by the user and may contain any other characteristics as may be prescribed.
Territorial and extra-territorial application
Section 3
(2)
Notwithstanding subsection (1), this Act shall apply to any person beyond the geographical limits of Malaysia and the territorial waters of Malaysia if such person provides any applications service, content applications service or network service in a place within Malaysia and is a licensee under the
Communications and Multimedia Act 1998 [Act 588].
(3)
For the purposes of this section, “place” means a point of any nature or description whether on land, in the atmosphere, in outer space, underground, underwater, at sea or anywhere else.
(4)
For the purposes of this section, a place that is—
(b)
above the geographical limits of Malaysia and her territorial waters, is taken to be a place within the geographical limits of Malaysia and her territorial waters.
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Interpretation
Section 4
In this Act, unless the context otherwise requires—
“this Act” includes any subsidiary legislation made under this Act;
“communications data” has the meaning assigned to it in the
Communications and Multimedia Act 1998;
“prescribed” means prescribed by the Minister by regulations made under this Act;
“Committee” means the Online Safety Committee established under section 5;
“child” means a person who is under the age of eighteen years;
“content” has the meaning assigned to it in the Communications and Multimedia Act 1998;
“harmful content” means any of the contents as specified in the First Schedule;
“priority harmful content” means the harmful content as specified in the Second Schedule;
“code” means a code issued by the Commission under section 80;
“Minister” means the Minister charged with the responsibility for communications;
“authorized officer” means any police officer, or any public officer or officer of the Commission authorized in writing by the Minister under section 52;
“licensed applications service provider” means an applications service provider licensed under the Communications and Multimedia
Act 1998;
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“licensed content applications service provider” means a content applications service provider licensed under the Communications and Multimedia Act 1998;
“licensed network service provider” means a network service provider licensed under the Communications and Multimedia
Act 1998;
“user” means—
(a)
a user of the applications service provided by a licensed applications service provider; or
(b)
a user of the content applications service provided by a licensed content applications service provider;
“applications service” has the meaning assigned to it in the
Communications and Multimedia Act 1998;
“content applications service” has the meaning assigned to it in the Communications and Multimedia Act 1998;
“network service” has the meaning assigned to it in the
Communications and Multimedia Act 1998;
“communications system” has the meaning assigned to it in the Communications and Multimedia Act 1998;
“Commission” means the Malaysian Communications and Multimedia Commission established under section 4 of the Malaysian Communications and Multimedia Commission
Act 1998 [Act 589].
Part II
Part II
ONLINE SAFETY COMMITTEE
Establishment of Committee
Section 5
(2)
The Committee shall consist of the following members:
(b)
one representative from the Ministry charged with the responsibility for communications;
(c)
one representative from the Ministry charged with the responsibility for home affairs;
(d)
one representative from the Ministry charged with the responsibility for digital related matters;
(e)
one representative from the Ministry charged with the responsibility for education;
(f)
one representative from the Ministry charged with the responsibility for women, family and community development;
(i)
the Chief Children Commissioner or his representative from amongst the Children Commissioners;
(j)
one representative each from amongst the licensed applications service providers, licensed content applications service providers and licensed network service providers;
(l)
not more than five persons with appropriate experience, knowledge or expertise in matters relating to online safety.
(3)
The members of the Committee referred to in paragraphs (2)(a), (j), (k) and (l) shall be appointed by the Minister.
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(4)
The members of the Committee appointed under paragraphs (2)(a), (j), (k) and (l) shall hold office for a term not exceeding three years and shall be eligible for reappointment upon expiry of their term of office for a term not exceeding three years.
(5)
For the purposes of paragraph (2)(i), the “Chief Children
Commissioner” and “Children Commissioner” mean the Chief
Children Commissioner and the Children Commissioner designated under section 6a of the Human Rights Commission of Malaysia
Act 1999 [Act 597].
(6)
For the purposes of this Part, “Minister” means the Minister charged with the responsibility for law.
Allowances for members of Committee
Section 6
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The members of the Committee shall be paid such allowances as the Minister may determine after consultation with the Minister of Finance.
Revocation of appointment and resignation of members of
Section 7
Committee
(2)
A member of the Committee referred to in paragraphs 5(2)(a), (j), (k) and (l) may, at any time, resign from his appointment by giving a notice in writing to the Minister.
Vacation of office of members of Committee
Section 8
The office of a member of the Committee referred to in paragraphs 5(2)(a), (j), (k) and (l) shall be vacated—
(b)
if there has been proved against him, or he has been convicted on, a charge in respect of—
(i)
an offence involving fraud, dishonesty or moral turpitude;
(iii)
any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine, for more than two years;
(c)
if his conduct, whether in connection with his duties as a member of the Committee or otherwise, has been such as to bring discredit on the Committee;
(e)
if he becomes of unsound mind or is otherwise incapable of discharging his duties;
(f)
in the case of the Chairman, if he absents himself from three consecutive meetings of the Committee without leave in writing of the Minister;
(g)
in the case of a member of the Committee other than the
Chairman, if he absents himself from three consecutive meetings of the Committee without leave in writing of the Chairman;
(i)
if his resignation has been accepted by the Minister.
Temporary exercise of functions of Chairman
Section 9
(2)
The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman.
Functions of Committee
Section 10
(c)
methods to analyze and measures to mitigate, the risk of users being exposed to harmful content;
(e)
best practices to encourage accountability of the licensed applications service provider, licensed content applications service provider and licensed network service provider.
(2)
The Committee shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions under this Act.
Meetings of Committee
Section 11
(3)
If the Chairman is absent from any meeting of the Committee, he may direct the Deputy Chairman to replace him as the chairman of the meeting.
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(4)
The quorum of the Committee shall be seven and shall consist of at least one member appointed under paragraph 5(2)(j)
and one member appointed under paragraph 5(2)(l).
(5)
The Chairman may authorize the use of a live video link, live television link or any other electronic means of communication for the purposes of any meeting of the Committee.
(6)
The Committee may determine its own procedure.
Committee may invite others to attend meetings
Section 12
The Committee may invite any person to attend meetings of the Committee to provide opinion to the Committee on any matter under discussion.
Part III
Part III
DUTIES OF LICENSED APPLICATIONS SERVICE PROVIDER
AND LICENSED CONTENT APPLICATIONS SERVICE
PROVIDER
Duty to implement measures to mitigate risk of exposure to harmful content
Section 13
(2)
Notwithstanding subsection (1), the licensed applications service provider or licensed content applications service provider may implement any alternative measures other than the measures specified in the code if the licensed applications service provider or licensed content applications service provider proves to the satisfaction of the Commission that the alternative measures will better mitigate the risk of users being exposed to harmful content.
(3)
The measures implemented under this section shall not unreasonably or disproportionately limit a user’s expression.
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Duty to issue guidelines to user
Section 14
(a)
a description of measures implemented by the licensed applications service provider and licensed content applications service provider under section 13; and
(b)
terms of use as a guide to users when using the service of the licensed applications service provider and licensed content applications service provider.
(2)
The licensed applications service provider and licensed content applications service provider shall make available on their services the guidelines issued under subsection (1) and ensure that the guidelines are clear, easily accessible and understood, and regularly updated.
Duty to enable user to manage online safety
Section 15
(2)
The tools and settings referred to in subsection (1) shall include the tools for the users to prevent or limit other users from identifying, locating or communicating with them on the services of the licensed applications service provider and licensed content applications service provider.
Duty to make available mechanism for reporting harmful content
Section 16
A licensed applications service provider and licensed content applications service provider shall make available on their services a mechanism that enable users to make a report to the licensed applications service provider or licensed content applications service provider regarding any content that the users believe is a harmful content available on the service of the licensed applications service provider or licensed content applications service provider.
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Section 17
Duty to make available mechanism for user assistance
(2)
The mechanism for user assistance referred to in subsection (1)
shall be, among others, for the following purposes:
(a)
for the users to raise their concerns with respect to online safety, including measures implemented by the licensed applications service provider and licensed content applications service provider under section 13;
(b)
for the users to obtain any other information on the mechanisms with respect to online safety available on the services of the licensed applications service provider and licensed content applications service provider within the period as may be prescribed; and
(c)
for the users to make any inquiry.
Duty to protect online safety of child user
Section 18
(2)
Notwithstanding subsection (1), the licensed applications service provider or licensed content applications service provider may implement any alternative measures other than the measures specified in the code if the licensed applications service provider or licensed content applications service provider proves to the satisfaction of the Commission that the alternative measures will better ensure safe use of its service by child users.
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(3)
The measures implemented under this section shall include measures to ensure safe design and operation of the service that is, in the opinion of the licensed applications service provider or licensed content applications service provider, likely to be accessed by child users—
(a)
to prevent access of a user identified to be a child to a content suspected to be a harmful content;
(b)
to limit the ability of a user identified to be an adult from communicating with a user identified to be a child;
(c)
to limit features that increase, sustain or extend the use of its service by a user identified to be a child;
(d)
to prevent a user identified to be an adult from viewing the personal information of a user identified to be a child that is available on its service; and
(e)
to control personalized recommendation systems suitable for child users.
Duty to establish mechanism for making priority harmful content inaccessible
Section 19
A licensed applications service provider and licensed content applications service provider shall establish a mechanism for making priority harmful content available on their services inaccessible to all users.
Section 20
Duty to prepare Online Safety Plan
(2)
The Online Safety Plan referred to in subsection (1) shall be prepared within the period and in such form and contain the information, as may be prescribed.
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(3)
A licensed applications service provider and licensed content applications service provider shall make available on their services the Online Safety Plan prepared under subsection (1)
and ensure that the Online Safety Plan is easily accessible and regularly updated.
(4)
The Online Safety Plan prepared and made available under this section shall not contain any personal information of any user.
(5)
A copy of the Online Safety Plan prepared under subsection (1)
shall be submitted to the Commission.
Part IV
Part IV
REPORTING OF HARMFUL CONTENT
Report to licensed applications service provider and licensed content applications service provider
Section 21
(2)
Upon receipt of the report made under subsection (1), the licensed applications service provider or licensed content applications service provider shall within the period as may be prescribed—
(b)
notify in writing the status of the report to the user who made the report; and
(3)
Upon assessment of the report made under subsection (1), the licensed applications service provider or licensed content applications service provider shall dismiss the report if the licensed applications service provider or licensed content applications service provider—
(a)
is of the opinion that the report is frivolous, vexatious or not made in good faith or the subject matter of the report is trivial; or
(b)
determines that the subject matter of the report is or has already been the subject matter of another report made to the licensed applications service provider or licensed content applications service provider.
(4)
Where the report is dismissed under subsection (3), the licensed applications service provider or licensed content applications service provider shall notify in writing the user who made the report of such dismissal.
(5)
The user who is aggrieved by the dismissal of the report under subsection (3) may, by request to the licensed applications service provider or licensed content applications service provider, inquire into the dismissal from the licensed applications service provider or licensed content applications service provider within the period as may be prescribed and give reasons as to why his report should not be dismissed by the licensed applications service provider or licensed content applications service provider.
(6)
Upon receipt of the inquiry together with the reasons from the aggrieved user under subsection (5), the licensed applications service provider or licensed content applications service provider may review its decision made under subsection (3) and decide whether the dismissal should be maintained or further action should be taken under section 22 or 23.
(7)
Any decision of the licensed applications service provider or licensed content applications service provider made under subsection (6) in respect of the inquiry shall be notified in writing to the aggrieved user within the period as may be prescribed.
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Report to licensed applications service provider and licensed content applications service provider on priority harmful content
Section 22
(2)
Before the period referred to in subsection (1) expires, the licensed applications service provider or licensed content applications service provider shall determine on reasonable grounds if the content made inaccessible on its service under subsection (1) is a priority harmful content.
(3)
Where the licensed applications service provider or licensed content applications service provider determines under subsection (2) that the content made inaccessible on its service under subsection (1)—
(a)
is a priority harmful content, the licensed applications service provider or licensed content applications service provider shall, within the period as may be prescribed, make the priority harmful content be permanently inaccessible on its service to all users; or
(b)
is not a priority harmful content, the licensed applications service provider or licensed content applications service provider may, within the period as may be prescribed, make the content accessible again on its service to all users.
(4)
Any action taken by the licensed applications service provider or licensed content applications service provider under this section shall be notified in writing to the user who made the report regarding the content and the user who communicated the content on the service of the licensed applications service provider or licensed content applications service provider.
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(5)
The user who is aggrieved by the action taken by the licensed applications service provider or licensed content applications service provider under this section may, by request to the licensed applications service provider or licensed content applications service provider, inquire into such action from the licensed applications service provider or licensed content applications service provider within the period as may be prescribed.
(6)
Upon receipt of the inquiry from the aggrieved user under subsection (5), the licensed applications service provider or licensed content applications service provider may review its decision on the action taken in relation to the inquiry.
(7)
Any decision of the licensed applications service provider or licensed content applications service provider made under subsection (6) in respect of the inquiry shall be notified in writing to the aggrieved user within the period as may be prescribed.
Report to licensed applications service provider and licensed content applications service provider on harmful content
Section 23
(2)
Where the licensed applications service provider or licensed content applications service provider makes the content inaccessible on its service for the period as prescribed under subsection (1), the licensed applications service provider or licensed content applications service provider shall, before the period expires, determine on reasonable grounds if the content made inaccessible is a harmful content.
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(3)
Where the licensed applications service provider or licensed content applications service provider determines under subsection (2) that the content made inaccessible on its service under subsection (1)—
(a)
is a harmful content, the licensed applications service provider or licensed content applications service provider shall, within the period as may be prescribed, make the harmful content be permanently inaccessible on its service to all users; or
(b)
is not a harmful content, the licensed applications service provider or licensed content applications service provider shall, within the period as may be prescribed, make the content accessible again on its service to all users.
(4)
Any action taken by the licensed applications service provider or licensed content applications service provider under this section shall be notified in writing to the user who made the report regarding the content and the user who communicated the content on the service of the licensed applications service provider or licensed content applications service provider.
(5)
The user who is aggrieved by the action taken by the licensed applications service provider or licensed content applications service provider under this section may, by request to the licensed applications service provider or licensed content applications service provider, inquire into such action from the licensed applications service provider or licensed content applications service provider within the period as may be prescribed.
(6)
Upon receipt of the inquiry from the aggrieved user under subsection (5), the licensed applications service provider or licensed content applications service provider may review its decision on the action taken in relation to the inquiry.
(7)
Any decision of the licensed applications service provider or licensed content applications service provider made under subsection (6) in respect of the inquiry shall be notified in writing to the aggrieved user within the period as may be prescribed.
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(8)
If it comes to the knowledge of the Commission that the licensed applications service provider or licensed content applications service provider has not made the content referred to in subsection (1) inaccessible on its service to all users, despite the determination made by the licensed applications service provider or licensed content applications service provider under subsection (2) that the content is a harmful content, the Commission may, in the interest of the public, issue a written instruction to the licensed applications service provider or licensed content applications service provider requiring the licensed applications service provider or licensed content applications service provider to make the content permanently inaccessible on its service within the period as specified in the written instruction.
(9)
Any licensed applications service provider or licensed content applications service provider which fails to comply with a written instruction issued by the Commission under subsection (8) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction.
Report to Commission
Section 24
(a)
regarding any content which he believes is a harmful content available on the service of a licensed applications service provider or licensed content applications service provider regardless of whether a report has been made by him under section 21 to the licensed applications service provider or licensed content applications service provider regarding the same content; or
(b)
regarding any content which he believes is a harmful content available online other than on the service of a licensed applications service provider or licensed content applications service provider.
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(2)
Upon receipt of the report made under subsection (1), the Commission shall within the period as may be prescribed—
(b)
notify in writing the status of the report to the user who made the report; and
(3)
Upon assessment of the report made under subsection (1), the Commission shall dismiss the report if the Commission—
(a)
is of the opinion that the report is frivolous, vexatious or not made in good faith or the subject matter of the report is trivial; or
(b)
determines that the subject matter of the report is or has already been the subject matter of another report made to the Commission.
(4)
Where the report is dismissed under subsection (3), the Commission shall notify in writing the user who made the report of such dismissal.
(5)
The user who is aggrieved by the dismissal of the report under subsection (3) may, by request to the Commission, inquire into the dismissal from the Commission within the period as may be prescribed and give reasons as to why his report should not be dismissed by the Commission.
(6)
Upon receipt of the inquiry together with the reasons from the aggrieved user under subsection (5), the Commission may review its decision made under subsection (3) and decide whether the dismissal should be maintained or further action should be taken under section 25.
(7)
Any decision of the Commission made under subsection (6)
in respect of the inquiry shall be notified in writing to the aggrieved user within the period as may be prescribed.
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Report to Commission on harmful content
Section 25
(a)
where the harmful content is available on the service of a licensed applications service provider or licensed content applications service provider, issue a written instruction to the licensed applications service provider or licensed content applications service provider requiring the licensed applications service provider or licensed content applications service provider to make the content permanently inaccessible on its service to all users within the period as may be specified in the written instruction; or
(b)
where the harmful content is available online other than on the service of a licensed applications service provider or licensed content applications service provider, issue a written instruction to the relevant licensed network service provider requiring the licensed network service provider to restrict the relevant parts of its network service within the period as may be specified in the written instruction so as to make the content permanently inaccessible to all users.
(2)
Any action taken by the licensed applications service provider, licensed content applications service provider or licensed network service provider pursuant to the written instruction under subsection (1) shall be notified in writing to the Commission and the Commission shall notify the same in writing to the user who made the report regarding the content.
(3)
The licensed applications service provider or licensed content applications service provider to which the written instruction was issued under subsection (1) shall notify in writing the user who communicated the content on its service of the action it has taken pursuant to the written instruction.
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(4)
Any licensed applications service provider, licensed content applications service provider or licensed network service provider which fails to comply with a written instruction issued by the
Commission under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction.
(5)
Where the Commission determines on reasonable grounds that the content being the subject matter of the report made under subsection 24(1) is not a harmful content, the Commission shall notify in writing the user who made the report of its determination.
Action by licensed applications service provider or licensed content applications service provider on its own motion
Section 26
(2)
Where a content has been made inaccessible under subsection (1), the licensed applications service provider or licensed content applications service provider shall notify in writing the user who communicated the content on its service.
(3)
The user aggrieved by the action taken by the licensed applications service provider or licensed content applications service provider under subsection (1) may, by request to the licensed applications service provider or licensed content applications service provider, inquire into such action from the licensed applications service provider or licensed content applications service provider within the period as may be prescribed.
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(4)
Upon receipt of the inquiry from the aggrieved user under subsection (3), the licensed applications service provider or licensed content applications service provider may review its decision on the action taken in relation to the inquiry.
(5)
Any decision of the licensed applications service provider or licensed content applications service provider made under subsection (4) in respect of the inquiry shall be notified to the aggrieved user within the period as may be prescribed.
Commission may issue written instruction to make content accessible
Section 27
Notwithstanding any provision of this Act, if it comes to the knowledge of the Commission that the licensed applications service provider or licensed content applications service provider has made any content available on its service inaccessible, the Commission may, in the interest of the public, issue a written instruction to the licensed applications service provider or licensed content applications service provider requiring the licensed applications service provider or licensed content applications service provider to make the content accessible again on its service to all users within the period as may be specified in the written instruction.
Inconsistency between action by licensed applications service provider or licensed content applications service provider and written instruction or determination of Commission
Section 28
Where a user makes a report to a licensed applications service provider or licensed content applications service provider under section 21 and at the same time makes a report to the Commission under section 24 regarding the same content which the user believes is a harmful content, and there is inconsistency between the action taken by the licensed applications service provider or licensed content applications service provider under section 22 or 23
and the written instruction issued by the Commission under subsection 25(1) or section 27 or the determination made by the Commission referred to in subsection 25(5) in respect of the report, the written instruction issued or the determination made by the Commission shall prevail.
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Section 29
Notification to user on report to enforcement agency
Where a licensed applications service provider or licensed content applications service provider makes a report to any enforcement agency in relation to a content being the subject matter of a report made by a user to the licensed applications service provider or licensed content applications service provider under section 21, the licensed applications service provider or licensed content applications service provider shall not disclose to the user who made the report any information relating to the report made to the enforcement agency.
Part V
Part V
POWERS OF THE COMMISSION
Power to issue directions
Section 30
(2)
Before issuing the directions under subsection (1), the
Commission shall issue a notice in writing to the licensed applications service provider, licensed content applications service provider or licensed network service provider specifying the nature of the required compliance.
(3)
Upon receipt of the notice in writing under subsection (2), the licensed applications service provider, licensed content applications service provider or licensed network service provider may make a submission in respect of the required compliance, orally or in writing, within the period as may be specified in the notice.
(4)
The Commission shall take into consideration any submission made by the licensed applications service provider, licensed content applications service provider or licensed network service provider before issuing the directions under subsection (1).
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(5)
The licensed applications service provider, licensed content applications service provider or licensed network service provider shall comply with the directions issued by the Commission under this section.
(6)
The directions issued under this section shall be registered by the Commission as soon as practicable from the date of the issuance of the directions and shall be effective from the date of registration or such later date as the Commission may specify in the directions.
(7)
The directions shall expire on such date as the Commission may specify in the directions or, if no date is specified, the directions shall be in operation until revoked.
(8)
The Commission may modify, vary or revoke the directions issued under this section and the procedures set out under this section shall apply in respect of any modification, variation or revocation of the directions.
(9)
Any licensed applications service provider, licensed content applications service provider or licensed network service provider which fails to comply with the directions issued by the Commission under this section commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction.
Register of directions
Section 31
(2)
A licensed applications service provider, licensed content applications service provider or licensed network service provider may, upon payment of a prescribed fee—
(b)
make a copy of, or take extracts from, the register of the directions.
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(3)
If the licensed applications service provider, licensed content applications service provider or licensed network service provider requests that a copy or extracts from the register of directions be provided in an electronic media, the Commission may provide such copy or extracts—
Section 32
(a)
has any information, particulars or document that is relevant to the performance of the Commission’s functions and powers under this Act; or
(b)
is capable of giving any evidence which the Commission has reasonable grounds to believe that the evidence is relevant to the performance of the Commission’s functions and powers under this Act, the Commission may, by notice in writing, direct that person—
(A)
to give any such information or particulars to the
Commission in the form and manner and within the period as may be specified in the notice or such extended period as the Commission may grant;
(B)
to produce any such document, whether in physical form or in electronic media, to the Commission in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant;
(C)
to make copies of any such document and to produce those copies to the Commission in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant;
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(D)
if the person is an individual, to appear before an authorized officer at the time and place as may be specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant;
(E)
if the person is a body corporate or a public body, to cause a competent officer of the body corporate or public body to appear before an authorized officer at the time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant; or
(F)
if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear before an authorized officer at the time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant.
(2)
Where the Commission directs any person to produce any document under subsection (1) and the document is not in the custody of that person, that person shall—
(a)
state, to the best of his knowledge and belief, where the document may be found; and
(b)
identify, to the best of his knowledge and belief, the last person who had custody of the document and state, to the best of his knowledge and belief, where that person who had custody of the document may be found.
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(3)
Any person directed to give or produce any information, particulars or documents or copies of any document under subsection (1), shall ensure that the information, particulars or documents or copies of the document given or produced are true, accurate, complete and not misleading and such person shall provide an express representation to that effect, including a declaration that he is not aware of any other information, particulars or document which would make the information, particulars or document given or produced untrue or misleading.
(4)
Where any person discloses any information or particulars or produces any document in response to a notice in writing under this section, such person, his agent or employee, or any other person acting on his behalf or under his directions, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under any written law, or to any proceedings or claim by any person under any law or under any contract, agreement or arrangement, or otherwise.
(5)
Subsection (4) shall not bar, prevent or prohibit the institution of any prosecution for any offence as provided by this section or for the disclosure or production of false information or document in relation to a notice in writing under this section furnished to the Commission pursuant to this section.
(6)
Any person who fails to comply with the directions of the
Commission under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction.
(7)
Any person who contravenes subsection (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit.
(8)
Any person who intentionally alters, suppresses or destroys any information, particulars or documents which he has been directed to give or produce pursuant to a notice in writing under this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit.
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Proof of compliance
Section 33
(2)
Subsection (1) shall not affect any other power conferred on the Commission under this Act.
Commission may retain document
Section 34
(2)
The person who should have been entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Commission to be a true copy.
(3)
Notwithstanding any other written law, the certified copy of the document referred to in subsection (2) shall be received as evidence by all courts and tribunals as if it were the original.
(4)
Until a certified copy is supplied, the Commission shall, at such times and places as the Commission thinks appropriate, permit the person who should have been entitled to possession of the document, or a person authorized by that person, to inspect and make copies of, or take extracts from, the document.
Powers of Commission shall be in addition to powers under
Communications and Multimedia Act 1998 and Malaysian
Communications and Multimedia Commission Act 1998
Section 35
The functions and powers of the Commission under this Act shall be in addition to, and not in derogation of, the functions and powers of the Commission under the Communications and Multimedia Act 1998 and Malaysian Communications and
Multimedia Commission Act 1998.
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Part VI
Part VI
UNDERTAKING AND NOTICE OF NON-COMPLIANCE
Undertaking by licensed applications service provider and licensed content applications service provider
Section 36
(2)
Any licensed applications service provider or licensed content applications service provider which provides the undertaking under subsection (1) shall comply with the undertaking.
Notice of non-compliance
Section 37
(2)
The notice of non-compliance issued under subsection (1)
shall contain the following particulars:
(b)
the amount of financial penalty to be paid in respect of the non-compliance; and
(3)
Upon receipt of the notice of non-compliance under subsection (1), the licensed applications service provider or licensed content applications service provider—
(a)
shall pay the amount of financial penalty as specified in the notice of non-compliance within the period as may be specified in the notice; or
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(b)
may apply to the Commission for a review by way of representation in respect of the notice of non-compliance within the period and in such manner as the Commission may determine if the licensed applications service provider or licensed content applications service provider does not wish to pay the amount of financial penalty specified in the notice of non-compliance.
Review by Commission
Section 38
(c)
vary the amount of the financial penalty to be paid in respect of the non-compliance and specify the period in which the varied financial penalty to be paid; or
(2)
Any decision of the review made by the Commission under this section shall be notified in writing to the licensed applications service provider or licensed content applications service provider which applied for the review.
(3)
The licensed applications service provider or licensed content applications service provider which applied for the review shall abide by the decision of the review made by the Commission under this section.
Financial penalty for non-compliance of duties
Section 39
(2)
Any licensed applications service provider or licensed content applications service provider which fails to comply with any of its duties under Part III shall be liable to pay to the
Commission a financial penalty an amount of which not exceeding ten million ringgit.
(3)
Any financial penalty due and payable under this section may be recovered as a civil debt due to the Commission.
Part VII
Part VII
ONLINE SAFETY APPEAL TRIBUNAL
Establishment of Online Safety Appeal Tribunal
Section 40
(a)
any written instruction issued by the Commission referred to in subsection 23(8) or 25(1) or section 27;
(d)
any decision of a review of a notice of non-compliance made by the Commission under section 38.
(2)
The Minister shall, by order published in the Gazette, appoint the members of the Online Safety Appeal Tribunal as follows:
(a)
a Chairman who shall be appointed from amongst the
Judges of the High Court; and
(b)
at least two other members, or such greater even number of members from amongst persons who have knowledge or experience in the field of communications and multimedia, engineering, law, economics or commerce or public administration or in any other fields as the
Minister deems fit.
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(3)
A member of the Online Safety Appeal Tribunal shall hold office for a term not exceeding three years and shall be eligible for reappointment upon expiry of his term of office.
Appeal to Online Safety Appeal Tribunal
Section 41
Tribunal for the purpose of reviewing—
(a)
any written instruction issued by the Commission under subsection 23(8) or 25(1) or section 27;
(d)
any decision of a review of a notice of non-compliance made by the Commission under section 38, may appeal against such written instruction, determination, directions or decision to the Online Safety Appeal Tribunal within the period and in such manner as may be prescribed.
(2)
The Online Safety Appeal Tribunal may, after reviewing the matters referred to in paragraphs (1)(a) to (d), confirm or set aside the written instruction, determination, directions or decision appealed against.
Revocation of appointment and resignation of members of
Online Safety Appeal Tribunal
Section 42
(b)
he becomes of unsound mind or otherwise incapable of performing his duties or managing his affairs;
(d)
he is prohibited from being a director of a company under any written law relating to companies;
(2)
A member of the Online Safety Appeal Tribunal may, at any time, resign from his appointment by giving a notice in writing to the Minister.
Vacation of office of members of Online Safety Appeal Tribunal
Section 43
(b)
if he resigns or otherwise vacates his office before the expiry of the term for which he is appointed; or
(2)
The Minister shall appoint a person in accordance with section 40 to replace the Chairman or any other member during the vacancy in the office of the Chairman or any other member.
(3)
The Minister shall appoint a person in accordance with section 40 to act as the Chairman or any other member for the period when—
(c)
the Chairman or any other member is, for any other reason, unable to carry out his functions.
(4)
The exercise of the powers or the performance of the functions of the Online Safety Appeal Tribunal is not affected only because of there being a vacancy in the membership of the
Online Safety Appeal Tribunal.
Allowances for members of Online Safety Appeal Tribunal
Section 44
Tribunal shall be vacated—
The members of the Online Safety Appeal Tribunal shall be paid such allowances as the Minister may determine after consultation with the Minister of Finance.
Section 45
Quorum of Online Safety Appeal Tribunal
The quorum of the Online Safety Appeal Tribunal shall consist of—
(b)
at least two other members, or any greater even number of members not exceeding four.
Decision of Online Safety Appeal Tribunal
Section 46
(2)
The decision of the Online Safety Appeal Tribunal is final and binding and is not subject to further appeal.
Enforcement of decision of Online Safety Appeal Tribunal
Section 47
Any decision of the Online Safety Appeal Tribunal may be enforced in the same manner as a judgment or an order of the
High Court.
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Section 48
Powers of Online Safety Appeal Tribunal
(a)
to summon parties to its proceedings or any other person to attend before it to give evidence in respect of an appeal;
(b)
to procure and receive evidence on oath or affirmation, whether written or oral, and examine all such persons as witnesses as the Online Safety Appeal Tribunal thinks necessary to procure, receive or examine;
(c)
where a person is so summoned, to require the production of any book, paper, document, record or other thing in his possession or under his control and which the Online
Safety Appeal Tribunal may consider necessary for the purposes of the appeal;
(d)
to administer any oath, affirmation or statutory declaration, as the case may require;
(e)
where a person is so summoned, to allow the payment for any reasonable expenses incurred in connection with his attendance;
(f)
to admit evidence or reject evidence adduced, whether written or oral, and whether admissible or inadmissible under the provisions of any written law for the time being in force relating to the admissibility of evidence;
(g)
to adjourn the hearing of an appeal from time to time, including the power to adjourn to consider its decision;
and
(h)
to generally direct and do all such things as may be necessary or expedient for the expeditious decision of the appeal.
(2)
The Online Safety Appeal Tribunal shall have the power of a subordinate court with regard to the enforcement of attendance of witnesses, hearing evidence on oath or affirmation and punishment for contempt.
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Suspension of members of Online Safety Appeal Tribunal
Section 49
The Minister may suspend the membership of any member of the Online Safety Appeal Tribunal on the ground of misbehaviour or incapacity.
Section 50
Disclosure of interest
(2)
If the Chairman is of the opinion that the member’s interest is in conflict with the member’s duties, the Chairman shall inform all the parties to the matter of the conflict.
(3)
If none of the parties to the matter objects to the conflict, the member may continue to execute his duties as a member of the Online Safety Appeal Tribunal in relation to that matter.
(4)
If a party to the matter objects to the conflict, the member shall not continue to execute his duties as a member of the Online
Safety Appeal Tribunal in relation to that matter.
(5)
The failure by any member to disclose his interest in a particular matter shall subject him to the disciplinary actions under section 42 or 49.
Secretary to Online Safety Appeal Tribunal
Section 51
(2)
The Minister may designate such number of other public officers as the Minister thinks fit to assist the Secretary to the
Online Safety Appeal Tribunal in carrying out his function under subsection (1).
(3)
For the purposes of this Act, the Secretary of the Online
Safety Appeal Tribunal and the officers designated under subsection (2) shall be deemed to be officers of the Online Safety
Appeal Tribunal.
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Part VIII
Part VIII
ENFORCEMENT
Authorization of public officer or officer of Commission
Section 52
(2)
Any such officer authorized under subsection (1) shall be deemed to be a public servant within the meaning of the Penal
Code [Act 574].
(3)
There shall be issued to each authorized officer an authority card to be signed by the Minister.
(4)
Whenever such authorized officer exercises any of the powers under this Act, he shall on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (3).
Power to investigate
Section 53
(2)
In any case relating to the commission of an offence under this Act, an authorized officer carrying out an investigation may exercise all or any of the special powers in relation to police investigation in seizable cases given by the Criminal Procedure
Code [Act 593].
Search and seizure with warrant
Section 54
(2)
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—
(a)
any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet or notice, which contains or are reasonably suspected to contain information as to any offence so suspected to have been committed; or
(b)
any other document, facility, apparatus, equipment, device, thing or matter that is reasonably believed to furnish evidence of the commission of the offence.
(3)
An authorized officer conducting a search under subsection (1)
may, for the purpose of investigating into the offence, search any person who is in or on the premises.
(4)
An authorized officer making a search on a person under subsection (3) may seize, or take possession of, and place in safe custody all things, other than the necessary clothing, found upon the person, and any other things, for which there is reason to believe that they are the instruments or evidence of the crime, and in so far as the search is for the investigation of an offence all such things may be detained until the discharge or acquittal of the person.
(5)
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(6)
If, by reason of its nature, size or amount, it is not practicable to remove any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under this section, the seizing officer shall, by any means, seal such book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter in the premises or container in which it is found.
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(7)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit.
(8)
If a search under this section indicates that there is any interference-causing equipment, radio apparatus or radio-sensitive equipment, the authorized officer may direct that necessary steps be taken to ensure an interference-free environment.
Search and seizure without warrant
Section 55
If an authorized officer in any of the circumstances referred to in section 54 has reasonable cause to believe that by reason of delay in obtaining a search warrant under that section the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the officer may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 54 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.
Section 56
Warrant admissible notwithstanding defect
A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission in the search warrant or in the application for such warrant and any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under such warrant shall be admissible in evidence in any proceedings under this Act.
Section 57
Access to computerized data
(2)
For the purposes of this section, an authorized officer shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data.
List of thing seized
Section 58
(i)
a list of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized and shall sign the list;
and
(ii)
a notice in writing of the seizure containing the grounds for the seizure and shall sign the notice;
and
(b)
shall, as soon as practicable, serve a copy of the list of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized and the notice in writing of the seizure to the occupier of the premises which have been searched, or to his agent or servant at those premises.
(2)
The notice in writing of the seizure shall not be required to be served pursuant to paragraph (1)(b) where the seizure is made in the presence of the person against whom proceedings under this Act are intended to be taken, or in the presence of the owner of such property or his agent, as the case may be.
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(3)
If the premises are unoccupied, the authorized officer shall post a copy of the list of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized conspicuously on the premises.
Release of thing seized
Section 59
(2)
A record in writing shall be made by the officer effecting the release of any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter under subsection (1) specifying in detail the circumstances of, and the reason for, the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.
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Preservation of communications data
Section 60
(a)
communications data is reasonably required for the purposes of an investigation; and
(b)
there is a risk that the communications data may be destroyed or rendered inaccessible, the authorized officer may, by notice in writing given to a person in control of the communications system, require the person to ensure that the communications data specified in the notice be preserved for the period and in the manner as may be specified in the notice in writing.
(2)
The person to whom the notice in writing was given under subsection (1)—
(a)
shall preserve the communications data specified in the notice for the period and in the manner as may be specified in the notice; and
(b)
shall not disclose the existence and content of the notice, the procedure, method, manner or any matter related to the preservation of communications data under subsection (1) without lawful authority.
(3)
A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction.
Disclosure of stored communications data
Section 61
(2)
The person to whom the notice in writing was given under subsection (1)—
(a)
shall disclose such communications data in the manner as specified in the notice; and
(b)
shall not disclose the existence and content of the notice, the procedure, method, manner or any matter related to the disclosure of communications data under subsection (1)
without lawful authority.
(3)
A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction.
Obstruction
Section 62
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(a)
refuses any authorized officer access to any premises which such authorized officer is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;
(b)
assaults, obstructs, hinders or delays any authorized officer in effecting any entry which the authorized officer is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;
(c)
refuses to give any authorized officer any information relating to an offence or suspected offence under this
Act or any other information which the person has in his knowledge or power to give;
(d)
rescues or endeavours to rescue or causes to be rescued anything which has been duly seized; or
(e)
destroys anything to prevent the seizure or the securing of the things, commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit.
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Additional power
Section 63
An authorized officer shall, for the purposes of the execution of this Act, have the powers to do all or any of the following:
(a)
to require the production of book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter kept by a licensed applications service provider, licensed content applications service provider or licensed network service provider or any other person and to inspect, examine and to download, make copies or take extracts from them;
(b)
to require the production of any identification document from any person in relation to any case or offence under this Act; and
(c)
to make such inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with.
Power to require attendance of person acquainted with case
Section 64
(2)
If the person fails to attend as required, the authorized officer may report the failure to a Magistrate who shall issue a warrant to secure the attendance of the person.
Examination of person acquainted with case
Section 65
(2)
The person shall be legally bound to answer all questions relating to the case put to him by the authorized officer, but the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3)
A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.
(4)
The authorized officer examining a person under subsection (1)
shall first inform that person of the provisions of subsections (2)
and (3).
(5)
A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.
Admissibility of statement in evidence
Section 66
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(2)
No statement under subsection (1) shall be admissible or used—
(a)
if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person proceeding from a person in authority and sufficient in the opinion of the court to give the person charged grounds which
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would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or
(b)
in the case of a statement made by the person after his arrest, unless the court is satisfied that he was cautioned in the following words or words to the like effect:
“It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence”.
(3)
A statement made by a person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of his not having been cautioned if he is cautioned as soon as possible after that.
Forfeiture
Section 67
(2)
An order for the forfeiture or for the release of any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter liable to forfeiture under this section shall be made by the court before which the prosecution with regard to it has been held and an order for the forfeiture of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter shall be made if it is proved to the satisfaction of the court that an offence under this Act, has been committed and that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter was used in the commission of the offence despite the fact that no person may have been convicted of the offence or breach.
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(3)
If there is no prosecution with regard to any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized in the exercise of any power conferred under this
Act, the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter shall be taken or deemed to be forfeited at the expiration of twelve months from the date it was seized unless a claim to it is made before that date in the manner provided in this section.
(4)
A person asserting that he is the owner of any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under this Act and that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter is not liable to forfeiture may personally or by his agent authorized in writing by him give written notice to the Commission or any authorized officer of his claim.
(5)
Upon receipt of a notice under subsection (4), the Commission or any authorized officer shall, after such enquiry as may be necessary, direct that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter be released or forfeited or refer the case to a Sessions Court Judge for decision.
(6)
The Sessions Court Judge to whom the case is referred shall issue a summons requiring the person asserting that he is the owner of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter and the person from whom the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter were seized to appear before him and upon his appearance or default to appear, after due service of the summons being proved, the Sessions Court Judge shall proceed to the examination of the case and on proof that an offence under this Act has been committed and that the book, account, document, computerized data, signboard, card, letter, pamphlet,
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leaflet, notice, facility, apparatus, equipment, device, thing or matter was the subject matter or was used in the commission of the offence, shall order the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter to be forfeited or may, in the absence of such proof, order the release of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter to the person entitled to it.
(7)
Any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter forfeited or deemed to be forfeited shall be delivered to the Commission or an authorized officer who shall dispose of it in the manner as the Commission deems fit.
Jurisdiction to try offence
Section 68
Notwithstanding any written law to the contrary, a Sessions
Court shall have jurisdiction to try any offence under this Act.
Part IX
Part IX
MISCELLANEOUS
Interworking with other authority
Section 69
The Minister may direct the Commission regarding the interworking arrangements between the Commission and any other authority in Malaysia or in a foreign jurisdiction, or between the
Commission and any international organization.
Section 70
Judicial review
(2)
A person shall not apply to the court for a judicial review unless that person has first exhausted all other remedies provided under this Act.
Power to exempt
Section 71
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The Minister may, by order published in the Gazette, exempt, subject to such conditions as the Minister deems fit to impose, any licensed applications service provider, licensed content applications service provider or licensed network service provider or class of licensed applications service provider, licensed content applications service provider or licensed network service provider from all or any of the provisions of this Act.
Section 72
Prosecution
No prosecution shall be instituted for an offence under this
Act without the consent in writing of the Public Prosecutor.
Section 73
Liability of director, etc., of company, etc.
Where any person who commits an offence under this Act is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership, firm, society or other body of persons or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management—
(a)
may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or other body of persons; and
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(b)
if the company, limited liability partnership, firm, society or other body of persons is found guilty of the offence, shall be deemed to be guilty of the offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i)
that the offence was committed without his knowledge; or
(ii)
that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Compounding of offence
Section 74
(2)
The Chairman of the Commission may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act prescribed to be a compoundable offence by making an offer in writing to the person suspected to have committed the offence to compound the offence upon payment to the Chairman of the Commission of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his offer.
(3)
An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.
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(4)
If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Chairman of the Commission may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(5)
Where an offence has been compounded under this section—
(a)
no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and
(b)
any document or thing seized in connection with the offence may be released by the Chairman of the Commission, subject to such terms as the Chairman of the Commission thinks fit.
(6)
All sums of money received by the Chairman of the
Commission under this section shall be paid into and form part of the Federal Consolidated Fund.
Obligation of secrecy
Section 75
Prosecutor, make regulations prescribing—
(a)
the Chairman of the Committee, any other member of the
Committee, the Chairman of the Online Safety Appeal
Tribunal, any other member of the Online Safety Appeal
Tribunal, the Secretary to the Online Safety Appeal
Tribunal or any other officer of the Online Safety Appeal
Tribunal shall not, during the time he serves as such
Chairman, member, Secretary or officer, disclose any information obtained by him in the course of his duties;
and
(b)
no other person who has, by any means, access to any information or document relating to the affairs of the
Committee or the Online Safety Appeal Tribunal shall disclose such information or document.
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(2)
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Public servant
Section 76
The Chairman of the Committee, every other member of the
Committee, the Chairman of the Online Safety Appeal Tribunal, every other member of the Online Safety Appeal Tribunal, the
Secretary to the Online Safety Appeal Tribunal or any other officer of the Online Safety Appeal Tribunal while discharging his duties as the Chairman, member, Secretary or officer, shall be deemed to be a public servant within the meaning of the Penal Code.
Section 77
Application of Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the
Committee, Online Safety Appeal Tribunal, the Chairman of the
Committee, any other member of the Committee, the Chairman of the Online Safety Appeal Tribunal, any other member of the Online Safety Appeal Tribunal, the Secretary to the Online
Safety Appeal Tribunal or any other officer of the Online Safety
Appeal Tribunal in respect of any act, neglect or default done or committed by it or him in good faith or any omission by it or him in good faith in such capacity.
Section 78
Act or omission done in good faith
No action or suit shall be instituted or maintained in any court against—
(c)
the Chairman of the Online Safety Appeal Tribunal or any other member of the Online Safety Appeal Tribunal;
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(d)
the Secretary to the Online Safety Appeal Tribunal or any other officer of the Online Safety Appeal Tribunal; or
(e)
any person authorized to act for and on behalf of the
Committee or the Online Safety Appeal Tribunal, for any act or omission done in good faith in the performance of its or his functions and in the exercise of its or his powers under this Act.
Protection of officer and other person
Section 79
No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against—
(a)
the Commission or any authorized officer or any other person in respect of any act ordered or done for the purpose of carrying into effect this Act; and
(b)
any other person in respect of any act done or purported to be done by him under the order, directions or instruction of the Commission or any authorized officer if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.
Power to issue guidelines and code
Section 80
(2)
Without prejudice to subsection (1), the Commission may issue any code for the purposes of compliance of duties under
Part III by the licensed applications service provider or licensed content applications service provider.
(3)
Every guidelines and code issued under this section shall be published by the Commission in the manner as may be determined by the Commission.
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(4)
The Commission may revoke, vary, revise or amend the whole or any part of any guidelines or code issued under this section.
Power to make regulations
Section 81
(2)
Without prejudice to the generality of subsection (1), the
Minister may make regulations—
(a)
to prescribe other characteristics of a private messaging feature of an applications service or content applications service;
(b)
to prescribe the period for the users to obtain any other information on the mechanisms with respect to online safety available on the service of the licensed applications service provider or licensed content applications service provider;
(c)
to prescribe the period for the preparation of and form of the Online Safety Plan and the information to be contained in the Online Safety Plan;
(d)
to prescribe the period for actions to be taken in respect of the report on harmful content made to the licensed applications service provider or licensed content applications service provider or to the Commission;
(e)
to prescribe the period for the users to make an inquiry in respect of a report on harmful content to the licensed applications service provider or licensed content applications service provider or to the Commission and for the notification of the decision in respect of the inquiry;
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(f)
to prescribe the period for the licensed applications service provider or licensed content applications service provider to make a priority harmful content or harmful content or any other content on its service inaccessible or accessible to users;
(i)
to provide for matters relating to the Online Safety
Appeal Tribunal including—
(i)
the period and manner for any appeal to the
Online Safety Appeal Tribunal by a person who is aggrieved by the written instruction, determination, directions or decision issued or made by the Commission;
(ii)
the procedures and the conduct of hearing of the
Online Safety Appeal Tribunal;
(iv)
the procedures for the appointment of members of the Online Safety Appeal Tribunal including the appointment of any person to act as any member of the Online Safety Appeal Tribunal;
(3)
Any regulations made under this Act may prescribe an act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding one million ringgit.
Act 866
Power to amend First Schedule and Second Schedule
Section 82
(2)
In giving the recommendation under subsection (1), the
Commission shall consult the Committee.
Power to specify form and manner of submission
Section 83
Where under any provision of this Act any person is required to submit, produce or give to the Commission any information, records, particulars or documents, the Commission may specify that such information, records, particulars or documents shall be submitted, produced or given in such form and manner and within such period or at such intervals as the Commission may specify.
Section 84
Service or notification of written instruction, etc.
(2)
A written instruction, notice in writing, directions or other document sent to a person by registered post shall be deemed to have been served on or notified to that person at the time at which it would have been delivered to that person in the ordinary course of the post if the written instruction, notice in writing, directions or other document was addressed—
(a)
in the case of a company, a firm, a society, an association or other body of persons—
(i)
to its registered office;
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(3)
Where a person has given his consent for a written instruction, notice in writing, directions or other document to be served on or notified to him through the electronic service, the written instruction, notice in writing, directions or other document shall be deemed to have been served and notified at the time when the electronic notice is transmitted to his account through the electronic service.
First Schedule
[Section 4]
HARMFUL CONTENT
Section 1
Content on child sexual abuse material as provided for under section 4
of the Sexual Offences against Children Act 2017 [Act 792]
Section 2
Content on financial fraud
Section 3
Obscene content including content that may give rise to a feeling of disgust due to lewd portrayal which may offend a person’s manner on decency and modesty
Section 4
Indecent content including content which is profane in nature, improper and against generally accepted behavior or culture
Section 5
Content that may cause harassment, distress, fear or alarm by way of threatening, abusive or insulting words or communication or act
Section 6
Content that may incite violence or terrorism
Section 7
Content that may induce a child to cause harm to himself
Section 8
Content that may promote feelings of ill-will or hostility amongst the public at large or may disturb public tranquility
Section 9
Content that promotes the use or sale of dangerous drugs
Act 866
Notes:
(a)
For the purposes of paragraph 2, a content that promotes awareness or education relating to financial fraud is not a content on financial fraud
(b)
For the purposes of paragraphs 3 and 4, a content that portrays private parts for education, scientific or medical purposes is not an obscene or indecent content
(c)
For the purposes of paragraph 9, a content that promotes awareness or education relating to drug abuse is not a content that promotes the use or sale of dangerous drugs
Second Schedule
[Section 4]
PRIORITY HARMFUL CONTENT
“Priority harmful content” means the contents referred to in paragraphs 1 and 2
of the First Schedule.
Common questions
- What is ONLINE SAFETY ACT 2025?
- ONLINE SAFETY ACT 2025 is Malaysia Act, cited as Act 866 2025, currently marked in force and first recorded in 2025.
- Is ONLINE SAFETY ACT 2025 still in force?
- Yes — ONLINE SAFETY ACT 2025 is currently in force.
- When did ONLINE SAFETY ACT 2025 take effect?
- ONLINE SAFETY ACT 2025 was first recorded in 2025.
- How many sections does ONLINE SAFETY ACT 2025 have?
- ONLINE SAFETY ACT 2025 contains 93 sections.
- Where can I read the official version of ONLINE SAFETY ACT 2025?
- The official text of ONLINE SAFETY ACT 2025 is published at lom.agc.gov.my.