/akn/my/act/amendment_act/2025/A1743
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COMMUNICATIONS AND MULTIMEDIA (AMENDMENT) ACT 2025 is Malaysia Amendment Act, cited as Amendment Act A1743 2025, currently marked in force and first recorded in 2025.
Opening note
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.
Amendment of section 6
The Communications and Multimedia Act 1998 [Act 588], which is referred to as the “principal Act” in this Act, is amended in section 6—
in the definition of “certifying agency”, by inserting after the words “section 186” the words “or 230a”;
COMMUNICATIONS AND MULTIMEDIA
(AMENDMENT) ACT 2025
by inserting after the definition of “communications”
the following definition:
‘ “communications data” means any data relating to—
a communication by means of a communications system, generated by the communications system that formed a part in the chain of communications, indicating amongst others, the origin, destination, geolocation, route, time, date, size, duration or type of underlying service, of the communication;
a subscriber of communications services and use of the communications services and the related products, services and applications by the subscriber; and
in the definition of “public utility”, by inserting after the words “telecommunications services” the words
“, broadband or network facilities”;
in the definition of “intercept”, by substituting for the words “the aural or other acquisition of the contents of any communications” the words “the acquisition or reproduction or both of contents of any communications by way of aural or otherwise”;
by inserting after the definition of “public utility”
the following definition: ‘
‘ “publish”, where no mode is specified, means to publish on the website of the Commission;’;
by inserting after the definition of “content applications service” the following definition:
‘ “content applications service provider” means a person who provides a content applications service;’;
Communications and Multimedia (Amendment)
by deleting the words “and/”; and
by inserting after the words “electromagnetic radiation” the words “or both”;
by inserting after the definition of “post” the following definition:
‘ “premises” means any site, stationary or otherwise, whether such site is with or without enclosure, and includes vehicles, aircraft, ships and any other vessel;’;
by inserting after the definition of “communications market” the following definition:
‘ “communications system” means any device or a group of interconnected or related devices, or one or more networks, used in the provision of network service or applications service;’;
in the definition of “instrument”, by inserting after the word “determination” the words “, written instruction”;
in the English language text, in the definition of
“voluntary industry code”, by substituting for the full stop a semi-colon; and
by inserting after the definition of “voluntary industry code” the following definition:
‘ “written instruction” means a written instruction issued by the Commission under sections 63, 64, 65
and 73.’.
Amendment of section 16
Section 16 of the principal Act is amended—
in subsection (1), by inserting after paragraph (h) the following paragraph:
“(ha) the procedures and all matters related to unsolicited commercial electronic messages;”;
by substituting for the words “three hundred thousand” the words “one million”;
by substituting for the words “one thousand”
the words “one hundred thousand”; and
by inserting after subsection (2) the following subsection:
“(3) Notwithstanding subsection (2) and section 53, the regulations made under subsection (1), or any other subsidiary legislation made under this Act, may prescribe that the Commission may impose a financial penalty not exceeding one million ringgit for non-compliance of any direction issued under section 51.”.
New section 16a
The principal Act is amended by inserting after section 16
the following section:
“Power to amend Schedule 16a.
The Minister may, on the recommendation of the Commission, amend the Schedule by order published in the Gazette.”.
Amendment of section 29
Section 29 of the principal Act is amended by inserting after the words “this Part” the words “and all relevant information requested pursuant to section 28”.
Amendment of section 34
Subsection 34(1) of the principal Act is amended by substituting for the words “sixty days” the words “six months”.
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Amendment of section 41
by substituting for the words “five hundred thousand”
the words “one million”;
by inserting after the words “or to both” the words
“and shall also be liable to a further fine of one hundred thousand ringgit for every day or part of a day during which the offence is continued after conviction”.
Amendment of section 44
Subsection 44(2) of the principal Act is amended by deleting the words “and/”.
Amendment of section 45
Subsection 45(2) of the principal Act is amended by deleting the words “, to be prescribed by the Minister by notification in the Gazette,”.
New section 46a
The principal Act is amended by inserting after section 46
the following section:
“Dispensation of formalities 46a. (1) Notwithstanding sections 45 and 46, the Minister may dispense with the formality of registration under a class licence by making a declaration under section 13, and any person operating under the class licence shall be deemed to be registered under that class licence.
Where subsection (1) applies, any person may operate under the relevant class licence until the cancellation of the class licence or until the Minister cancels the registration of that person pursuant to section 48.
Subsections 13(2), (4) and (5) shall not apply to a declaration under subsection (1).”.
Amendment of section 48
Section 48 of the principal Act is amended by inserting after subsection (2) the following subsection:
“(3) A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.”.
Amendment of section 51
in subsection (1), by substituting for the words
“the compliance or non-compliance of any licence conditions, and including but not limited to the remedy of a breach of a licence condition, and the provisions of this Act or its subsidiary legislation” the words
“the compliance with this Act, its subsidiary legislation, instrument issued under this Act, any licence conditions or any other conditions imposed by the Commission under this Act”;
in the English language text, in subsection (2), by inserting before the word “required” the word “the”;
in subsection (5), by substituting for the words “any of the conditions of his licence and/or any of the provisions of this Act or its subsidiary legislation” the words “any of
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the provisions of this Act, its subsidiary legislation, any instrument issued under this Act, any licence conditions or any other conditions imposed by the Commission under this Act”; and
in subsection (7), by inserting before the words
“subsection (6)” the words “subsection (1) as notified under”.
Amendment of section 53
Section 53 of the principal Act is amended—
by substituting for the shoulder note the following shoulder note:
“Non-compliance with direction of Commission”;
and
by substituting for the words “three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both” the words “one million ringgit or to imprisonment for a term not exceeding ten years or to both and shall also be liable to a further fine of one hundred thousand ringgit for every day or part of a day during which the offence is continued after conviction”.
Amendment of section 55
Section 55 of the principal Act is amended—
in subsection (1), by inserting after the words “Commission’s determination” the following words:
“or any other matter to promote industry conduct which is consistent with—
by substituting for the words “forty-five days”
the words “thirty-days”; and
by substituting for the words “conclusion of the inquiry” the words “publication of the report on the inquiry under section 65”.
Amendment of section 63
Section 63 of the principal Act is amended—
in subsection (1), by substituting for the words
“the Commission may direct that” the words
“the Commission may, in writing, instruct that”; and
in subsection (2), by substituting for the word “direction”
the words “written instruction”.
Amendment of section 64
Section 64 of the principal Act is amended—
in the shoulder note, by substituting for the word
“Directions” the words “Written instruction”;
in subsection (1), by substituting for the word “direction”
wherever appearing the words “written instruction”;
and
by substituting for the words “Notwithstanding section 53, a” the word “A”; and
by substituting for the words “direction given under subsection (1)” the words “written instruction under subsection 63(1) and subsection (1) of this section”.
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Amendment of section 65
Section 65 of the principal Act is amended—
in subsection (2), by inserting after the word “the inquiry”
the words “and the Commission may extend that period by not more than thirty days”; and
in paragraph (3)(d), by substituting for the word “direction”
the words “written instruction”.
Amendment of section 68
Section 68 of the principal Act is amended—
in the national language text, by substituting for the words
“kesalahan sivil atau jenayah” wherever appearing the words “pelanggaran sivil atau kesalahan jenayah”; and
in the English language text, by inserting after the word
“civil” wherever appearing the word “infringement”.
Amendment of section 73
Section 73 of the principal Act is amended—
by substituting for the words “written notice, direct” the words “written instruction, instruct”;
and
in paragraphs 2(a), (b), (c), (d), (e) and (f), by substituting for the word “notice” the words
“written instruction”; and
by substituting for the word “directed”
the word “instructed”;
by substituting for the words “and/or documents”
the words “or documents or both”; and
by substituting for the word “notice” the words
“written instruction”.
New sections 73a and 73b
The principal Act is amended by inserting after section 73
the following sections:
“Audit by the Commission 73a. (1) The Commission may conduct an audit on any licensee or any other person providing services related to communications system on any matter under this Act, its subsidiary legislation, any instrument issued under this Act or any information which the licensee or other person furnishes to the Commission.
For the purposes of subsection (1), the Commission may authorize any of its officers, agents or technical advisers to conduct the audit.
In conducting the audit, the Commission or any of its authorized officers, agents or technical advisers may—
enter the premise of any licensee or any other person providing services related to communications system;
and
obtain any information pertaining to the licensee or any other person providing services related to communications system and shall be given access to such information whether stored in a computer or otherwise.
The Commission may request the licensee or any other person providing services related to communications system to bear the cost of the conduct of an audit, as it deems necessary.
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The Commission may designate the licensees or any other persons providing services related to communications system that are to be subject to an audit.
A licensee or any other person providing services related to communications system who refuses to assist or facilitate, or obstructs the Commission, its authorized officers, agents or technical advisers in conducting an audit under this section, commits an offence.
For the purposes of this section, “access” has the same meaning assigned to it under subsection 249(2).
Independent audit 73b. (1) The Commission may at such intervals as determined by it, require any licensee to appoint at its own cost an independent expert to audit on any matter under this Act, its subsidiary legislation, any instrument issued under this
Act or any information which the licensee furnishes to the
Commission.
The audit under subsection (1) shall be conducted in accordance with any guideline or directions under section 51 issued by the Commission under this Act.
The Commission may designate the licensees that are to be subject to an audit.
The licensee shall establish to the satisfaction of the
Commission that such independent expert referred to in subsection (1) has the necessary qualification and competence.
The licensee shall submit a copy of a report of such audit to the Commission within the time as specified by the
Commission.
A licensee who fails to comply with this section commits an offence.”.
Substitution of section 74
The principal Act is amended by substituting for section 74
the following section:
Quoted provision
A person who fails to comply with a written instruction of the Commission under this Chapter commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding ten years or to both and shall also be liable to a further fine of one hundred thousand ringgit for every day or part of a day during which the offence is continued after conviction.”.
Substitution of section 75
“Non-compliance with written instructions
The principal Act is amended by substituting for section 75
the following section:
Quoted provision
A person who—
fails to disclose or omits to give any relevant information, evidence or document;
provides information, evidence or document that he knows or has reason to believe is false or misleading;
or
intentionally alters, suppresses or destroys any document or information which he has been required to produce, in response to a written instruction issued by the Commission, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.”.
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Amendment of section 78
“Giving false or misleading information, evidence or document, etc.
Section 78 of the principal Act is amended by inserting after the words “section 268” the words “or 268a”.
Amendment of section 79
Subsection 79(1) of the principal Act is amended by substituting for the word “directions” the words “written instructions”.
Amendment of section 80
by inserting after the word “publish” the word
“any”;
by inserting after the word “information”
the words “that the Commission has in its original possession or”; and
in subsection (2), by inserting after the word “shall” the words “, for information that it has received,”.
Amendment of section 81
Subsection 81(2) of the principal Act is amended by substituting for the words “charge (if any) to be decided”
the words “fee, if any, as may be imposed”.
Amendment of section 82
in the national language text, by substituting for the words
“dua orang atau lebih (“pihak-pihak”)” the words “dua pihak atau lebih”; and
in the English language text, by substituting for the words
“persons (“the parties”)” the word “parties”.
Amendment of section 89
Subsection 89(2) of the principal Act is amended—
by substituting for the word “complainant” the words
“party seeking to enforce the decision”; and
by deleting the words “except in the case of an injunction”.
Deletion of sections 90, 91, 92 and 93
The principal Act is amended by deleting sections 90, 91,
92 and 93.
Amendment of section 94
in subsection (1), by substituting for the words “an industry body to be an industry forum” the words “one or more industry bodies as one or more industry forums”; and
in subsection (3), by inserting before the words “the requirements” the words “any of”.
Amendment of section 96
Subsection 96(2) of the principal Act is amended by substituting for the word “formulated” the word “determined”.
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Amendment of section 97
Subsection 97(5) of the principal Act is amended by substituting for the words “three years” the words “one year”.
Amendment of section 99
by inserting after the renumbered subsection (1) the following subsection:
“(2) Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on any person who fails to comply with a direction of the Commission under subsection (1).”.
Deletion of section 100
The principal Act is amended by deleting section 100.
Amendment of section 104
by substituting for subsection (1) the following subsection:
“(1) The Commission may determine a mandatory standard for any matter including—
any matter which may be the subject matter of a voluntary industry code if the Commission is satisfied that the designated industry forum has not developed a satisfactory voluntary industry code or that the voluntary industry code is likely to fail or has failed, and will continue to fail; or
the objects of this Act;
in subsection (3), by inserting after the words “Ministerial direction” the words “to the Commission”.
Amendment of section 105
Section 105 of the principal Act is amended—
in subsection (2), by substituting for the word “licensees”
the word “persons”; and
by inserting after subsection (3) the following subsections:
“(4) The Commission may issue a direction to any person under section 51 to comply with any mandatory standard.
Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on any person who fails to comply with a direction of the Commission under subsection (4).”.
Deletion of section 109
The principal Act is amended by deleting section 109.
Amendment of section 110
Subsection 110(2) of the principal Act is amended by deleting the words “/or”.
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Amendment of section 111
in paragraph (3)(d), by inserting after the words
“register the undertaking” the words “or such other period agreed by the Commission”;
in paragraph (4)(b), by inserting after the words
“register the undertaking” the words “or such other period agreed by the Commission”; and
in subsection (5), by inserting after the words “receipt of the undertaking” the words “and the Commission may by written notice to the person making the written application extend the period by not more than thirty days”.
Amendment of section 113
Section 113 of the principal Act is amended—
by inserting after the word “may” the words “, with the approval of the Commission,”; and
by deleting the words “at any time by notifying the
Commission in writing”.
Amendment of section 115
Section 115 of the principal Act is amended by inserting after the words “Chapter 6” the words “of this Part”.
Amendment of section 116
in subsection (1), by substituting for the words “a court”
the words “the High Court”; and
by substituting for subsection (2) the following subsection:
“(2) A direction made by the Commission under subsection 112(2) may be enforced by the High
Court as if the direction is a judgment of the High
Court, provided that a certificate has been issued by the Commission to the party seeking to enforce the registered undertaking for leave to proceed to the
High Court for the enforcement of the registered undertaking.”.
Amendment of section 119
Section 119 of the principal Act is amended—
in subsection (2), by inserting after the words “the request by the Commission” the words “and the Commission may by written notice to the person making the written request extend the period by not more than thirty days”; and
in subsection (4), by inserting after the word “report” the words “, written instruction”.
Amendment of section 121
Subsection 121(1) of the principal Act is amended by substituting for the words “A person affected by” the words
“A person who is aggrieved or whose interest is adversely affected by”.
Amendment of section 126
by substituting for the word “determined” the word “prescribed”; and
in paragraph (1)(bb), by inserting before the words
“class license” the word “valid”; and
Communications and Multimedia (Amendment)
by substituting for the words “five hundred thousand” the words “one million”;
by substituting for the words “one thousand” the words “one hundred thousand”.
Amendment of section 127
Section 127 of the principal Act is amended—
by substituting for subsection (3) the following subsection:
“(3) A licensee under this Part shall not provide any facility or service except in accordance with all the conditions of the individual licence granted to that licensee under this Part or all the conditions of a class licence to which the licensee is subject.”; and
by inserting after subsection (3) the following subsections:
“(4) The Commission may issue a direction under section 51 to any licensee to comply with—
any applicable condition of the individual licence granted to that licensee under this Part; or
any applicable condition of the class licence to which such licensee is subject.
Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on a licensee who fails to comply with a direction under subsection (4).”.
Amendment of section 145
Paragraph 145(1)(c) of the principal Act is amended by deleting the words “and/”.
Amendment of section 146
Paragraph 146(c) of the principal Act is amended by deleting the words “and/”.
Amendment of section 147
by substituting for subsection (2) the following subsection:
“(2) The Commission may determine that—
any other recommended facilities or services which facilitate the provision of network services or applications services, including content applications services, be included in or removed from the access list, if it is satisfied that the access forum has provided sufficient opportunity for public consultation with persons who have an interest in the recommendation, and that not less than nine-tenths of the members of the access forum support the recommendation.”.
Amendment of section 148
Paragraph 148(c) of the principal Act is amended by deleting the words “and/”.
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Amendment of section 149
by substituting for the words “five hundred thousand”
the words “one million”; and
by substituting for the words “five years” the words
“ten years”.
Substitution of section 150
The principal Act is amended by substituting for section 150
the following section:
Quoted provision
A written access agreement for the provision of listed network facilities or network services and all amendments to it shall be lodged with the Commission within thirty days from the date of execution or amendment of the access agreement, as the case may be.”.
Amendment of section 152
“Lodgment of access agreements
Section 152 of the principal Act is amended by substituting for the words “a single industry body” the words “an industry body”.
Amendment of section 153
by substituting for paragraphs (b), (c), (d), (e) and (f)
the following paragraphs:
“(b) pricing principles including rate methodologies;
by inserting after paragraph (f) the following paragraphs:
“(g) provisioning of facilities or services;
Subsection 155(2) of the principal Act is amended by deleting the words “listed in the access list”.
Amendment of heading of Chapter 1 of Part VII
The principal Act is amended in the heading of Chapter 1
of Part VII by deleting the word “Assignment”.
Amendment of section 157
in subsection (1), by substituting for the word “determined”
the word “prescribed”; and
by substituting for the words “five hundred thousand” the words “one million”;
Communications and Multimedia (Amendment)
by inserting after the words “to both” the words
“and shall also be liable to a further fine of one hundred thousand ringgit for every day or part of a day during which the offence is continued after conviction”.
Amendment of section 172
Section 172 of the principal Act is amended—
in subsection (1), by inserting after the words “all of the spectrum” the words “and such spectrum plan shall be published”;
in subsection (2), by substituting for the words “(including in an electronic media)” the words “by any means,”;
and
by inserting after subsection (2) the following subsection:
“(3) The Commission may, at any time, modify, vary or revoke the spectrum plan and publish such modification, variation or revocation.”.
Amendment of section 174
Section 174 of the principal Act is amended—
by inserting after the words “apparatus assignment” the words “or both”.
Amendment of section 177
Paragraph 177(d) of the principal Act is amended by deleting the words “/or” at the end of the paragraph.
Amendment of section 180
in paragraph (2)(g), by inserting before the word “rates”
the words “fees or”; and
by inserting after subsection (3) the following subsections:
“(4) The Commission may, at any time, modify, vary or revoke the numbering and electronic addressing plan and publish such modification, variation or revocation.
The Commission may issue a direction under section 51 to any person to comply with any numbering and electronic addressing plan.
Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on any person who fails to comply with a direction of the Commission under subsection (5).”.
Amendment of section 182
Section 182 of the principal Act is amended—
by substituting for the words “five hundred thousand”
the words “one million”; and
by substituting for the words “five years” the words
“ten years”.
Amendment of section 183
Section 183 of the principal Act is amended—
by substituting for the words “five hundred thousand”
the words “one million”; and
by substituting for the words “five years” the words
“ten years”.
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Amendment of section 184
Section 184 of the principal Act is amended by substituting for the words “an industry body to be a forum for technical standards (“technical standards forum”)” the words “one or more industry bodies as one or more technical standards forums”.
Amendment of section 185
by substituting for the words “the technical standards forum” the words “each technical standards forum”;
in paragraph (1)(a), by deleting the words
“, including, but not limited to, the provision of certain network capabilities such as calling line identification capability and pre-selection capability”;
in paragraph 2(g), by substituting for the full stop at the end of paragraph the words “; and”; and
by inserting after paragraph (2)(g) the following paragraph:
“(h) the safe emission of electromagnetic field.”.
Deletion of section 187
The principal Act is amended by deleting section 187.
Amendment of section 188
by substituting for subsection (2) the following subsection:
“(2) The Commission may issue a direction under section 51 to any network facilities provider, network service provider, applications service provider or content applications service provider to comply with subsection (1).”; and
by inserting after subsection (2) the following subsection:
“(3) Notwithstanding section 53, the Commission may impose a financial penalty not exceeding one million ringgit on a licensee who fails to comply with a direction under subsection (2).”.
Amendment of section 189
Section 189 of the principal Act is amended by substituting for the words “an industry body to be a consumer forum” the words “one or more industry bodies as one or more consumer forums”.
Amendment of section 190
by substituting for the words “a consumer forum”
the words “each consumer forum”; and
in paragraph (1)(b), by deleting the words “/or”
at the end of the paragraph; and
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by inserting after paragraph (2)(a) the following paragraph:
“(aa) quality of service standards and service level agreements;”; and
by inserting after paragraph (2)(c) the following paragraph:
“(ca) the prohibition of contract terms which are procedurally or substantively unfair or both;”.
Amendment of section 193
Section 193 of the principal Act is amended in the shoulder note by substituting for the word “Minister’s direction” the word
“Minister’s determination”.
Amendment of section 199
Section 200 of the principal Act is amended—
in the shoulder note, by substituting for the words
“determine persons or areas for” the word “set”; and
by substituting for the word “determine” the word “set”.
Amendment of section 202
Section 202(1) of the principal Act is amended by substituting for the words “and/or applications services” wherever appearing the words “or applications services or both”.
Amendment of section 203
Section 203 of the principal Act is amended by deleting the words “/or” wherever appearing.
Amendment of section 204
in subsection (2), by substituting for the word “USP”
wherever appearing the words “Universal Service
Provision”; and
by inserting after subsection (2) the following subsection:
“(3) The Commission shall manage the Universal
Service Provision Fund with prudence and due care.”.
Amendment of section 205
Section 205 of the principal Act is amended—
by substituting for subsection (1) the following subsection:
“(1) Subject to such exemptions as may be prescribed by the Minister by order published in the Gazette, no person shall provide a content applications service except under and in accordance with the terms and conditions of—
a valid individual licence granted under this Act;
or
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a valid class licence granted under this Act, expressly authorizing the provision of the content applications service.”; and
by substituting for the words “five hundred thousand” the words “one million”;
by substituting for the words “one thousand”
the words “one hundred thousand”.
Amendment of section 206
Section 206 of the principal Act is amended—
by substituting for subsection (3) the following subsection:
“(3) A content applications service provider shall not provide any service except in accordance with all the conditions of the individual licence granted to that licensee under this Chapter or all the conditions of a class licence to which such content applications service provider is subject.”; and
by inserting after subsection (3) the following subsections:
“(4) The Commission may issue a direction under section 51 to any licensee providing content applications service to comply with—
any applicable condition of the individual licence granted to that licensee under this Chapter; or
any applicable condition of a class licence to which such licensee is subject.
Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on a licensee who fails to comply with a direction under subsection (4).”.
Amendment of section 208
Section 208 of the principal Act is amended by substituting for subsection (2) the following subsection:
“(2) For the purposes of this section, “content incidental to the service provided” means content which is incidental to the supply of an applications service because of it being related solely to the interface between an applications service and an end user or any other criteria specified in the guidelines determined by the Minister to clarify the meaning of
“content incidental to the service provided” and all matters related to it.”.
Amendment of section 210
by substituting for the words “to decide”
the words “for an opinion”; and
by substituting for the words “whether the content is incidental content” the words “content incidental to the service provided”;
in subsection (4), by substituting for the words “three years from the date that the opinion is provided under subsection (2)” the words “one year from the date of the opinion”; and
in subsection (6), by inserting after the word “opinions”
the words “made under this section”.
Amendment of section 211
Section 211 of the principal Act is amended—
in the shoulder note, by substituting for the words
“offensive content” the words “indecent content, etc.”;
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by deleting the words “, or other person using a content applications service,”; and
by substituting for the words “A person” the words
“A content applications service provider”;
by substituting for the words “one thousand”
the words “one hundred thousand”.
New section 211a
The principal Act is amended by inserting after section 211
the following section:
“Suspension of content applications service 211a.
The Commission may issue a direction under section 51 to direct a content applications service provider to suspend its services for such period specified in the direction, in any one of the following circumstances:
the content applications service provider has contravened any provision of Chapter 2 of Part IX;
the content applications service provider has breached any condition of its individual or class licence relating to content; or
the content applications service provider has failed to comply with any instrument issued, made or given by the Minister or the Commission relating to content.”.
Amendment of section 212
Section 212 of the principal Act is amended by substituting for the words “an industry body to be a content forum” the words
“one or more industry bodies as one or more content forums”.
Amendment of section 213
in subsection (1), by substituting for the words “by the content forum” the words “by each content forum”; and
in subsection (2), by inserting after paragraph (b) the following paragraph:
“(ba) the types of tools which allow end users to filter or control content which they access;”.
Amendment of section 219
Paragraph 219(1)(b) of the principal Act is amended by substituting for the word “utility” the words “public utility”.
Amendment of section 222
Paragraph 222(4)(a) of the principal Act is amended by deleting the words “and/”.
Amendment of section 228
by deleting the words “, network facilities” wherever appearing.
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Amendment of section 229
Section 229 of the principal Act is amended by deleting the words “, network facilities” wherever appearing.
New Chapter 1a of Part X
The principal Act is amended by inserting after Chapter 1
in Part X the following chapter:
“Chapter 1a
Network Security
Certifying agencies 230a. The Commission may register certifying agencies or classes of certifying agencies, including agencies outside
Malaysia, for the purpose of certifying compliance with regulations or standards in relation to network security under this Act.
Network security measures and requirements 230b. (1) Where the Commission is satisfied that it is necessary to prevent, detect or counter any network security risk, the
Commission may, by a written notice, instruct any person to take such measures or comply with such requirements as may be necessary to prevent, detect, or counter, any such risk.
Any person instructed by the Commission, under subsection (1), who without reasonable excuse fails to take any measure or comply with the written notice given by the
Commission under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding ten years or to both.
For the purposes of this section, “network security risk” means any risk or threat, if exploited or not mitigated, could pose a significant risk of damage or disruption to the operation of any network facilities, network service or applications service.”.
Amendment of section 231
Section 231 of the principal Act is amended—
in the shoulder note, by substituting for the words
“Offence if use” the words “Use of”;
by substituting for the words “fifty thousand” the words
“one hundred thousand”;
in the national language text, by substituting for the words
“satu tahun” the words “tiga tahun”; and
in the English language text, by substituting for the words
“two years” the words “three years”.
Amendment of section 232
Subsection 232(3) of the principal Act is amended—
by substituting for the words “three hundred thousand”
the words “one million”; and
by substituting for the words “three years” the words
“ten years”.
Amendment of section 233
Section 233 of the principal Act is amended—
by substituting for the word “offensive” the words
“grossly offensive”; and
by substituting for the words “or harass another person” the words “, harass or commit an offence involving fraud or dishonesty against, any person”;
Communications and Multimedia (Amendment)
by substituting for subsection (2) the following subsection:
“(2) A person who commits an offence under subsection (1) shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both and shall also be liable to a further fine of five thousand ringgit for every day during which the offence is continued after conviction.”;
by substituting for subsection (3) the following subsection:
“(3) Notwithstanding subsection (2), where the offence under paragraph (1)(a) has been committed against a child who is under the age of eighteen years, the person who commits the offence shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to a further fine of five thousand ringgit for every day or part of a day during which the offence is continued after conviction.
Explanation 1 — Obscene content may include content that gives rise to a feeling of disgust due to lewd portrayal which may offend a person’s manner on decency and modesty, having possibility of bringing negative influence and corrupting the mind of those easily influenced. In relation to a child, obscene content includes but not limited to child sexual grooming, sexual degradation that portrays any person as a mere sexual object or to demean the dignity, exploit or discriminate them, portrayal of sex or pornography including rape, attempted rape against child, sexual bestiality, whether consensual or otherwise.
Explanation 2 — Indecent content may include content which is profane in nature, improper and against generally accepted behavior, customary laws and culture. Content that portrays private parts based on arts, information or science which are not gross, are not indecent. In relation to a child, indecent content includes but not limited to content which is profane in nature, improper and inappropriate for a child according to a reasonable adult’s consideration.
Explanation 3 — Content that portrays private parts based on arts, information or science which are not gross such as sex education or anatomy, are not obscene or indecent.
Explanation 4 — False content may include content or information which are untrue, confusing, incomplete or fabrication of non-existent matters. Content in the form of satire and parody or where it is clear that it is fictional, are not false.
Explanation 5 — Menacing content may include content which causes annoyance, harmful and evil threats, encourages and incites criminal act or leads to public disorder. In relation to a child, menacing content includes but not limited to—
content that may cause emotional disturbance such as, portrayal of gruesome death, and domestic violence; or
content that may cause a child to imitate the portrayal of such act, such as content with suicidal tendencies, dangerous physical acts, street crime acts, or usage of drug.
Explanation 6 — Grossly offensive content may include content that contains expletive and profane in nature that offends many people including crude references, hate speech and violence as follows:
crude references are obscene, offensive, coarse or profane words. However, the usage of those words in the context of their ordinary meaning and not intended to be used as crude language are not grossly offensive;
hate speech that refers to any word, visual, audio and gesture that are insulting or demeaning a person are grossly offensive.
portrayal of violence in news reporting in accordance with ethics for journalists are not grossly offensive.
In relation to a child, content which portrays violent scenes that depict humanitarian context or for the purpose of character and plot development, is not grossly offensive; or
any communication made in good faith is not grossly offensive as long as the communication consists of statements of fact, that are true in substances and facts, and consists of statements of opinion.”; and
by inserting after subsection (3) the following subsections:
“(4) A person who knowingly—
by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or
permits a network service or applications service under the person’s control to be used for an activity described in paragraph (a), commits an offence.
Communications and Multimedia (Amendment)
A person who commits an offence under subsection (4) shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to a further fine of ten thousand ringgit for every day or part of a day during which the offence is continued after conviction.”.
New section 233a
The principal Act is amended by inserting after section 233
the following section:
“Sending of unsolicited commercial electronic messages 233a. No person shall send or cause to be sent or authorize the sending of an unsolicited commercial electronic message in contravention of any provisions of this Act or any regulations under this Act.”.
Amendment of section 234
by substituting for the words “fifty thousand” the words
“five hundred thousand”; and
by substituting for the words “one year” the words
“five years”.
Substitution of section 235
The principal Act is amended by substituting for section 235
the following section:
Quoted provision
A person who has in his possession any network facilities or any part of them, whether in its original state or altered form, knowing or having reason to believe the same to be removed in the circumstances described in subsection (1)
commits an offence.
A person who commits an offence under subsection (1)
or (2) shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
In any prosecution for an offence under subsection (2), any person who has in his possession any network facilities or any part of them, whether in its original state or altered form is presumed to know or has a reason to believe that the same has been removed in the circumstances described in subsection (1), unless the contrary is proven.”.
Amendment of section 236
“Damage to network facilities, etc.
by inserting after the words “imports,” the words
“exports,”;
by inserting after the words “imports,” the words
“exports,”;
by inserting after the words “hire,” the word
“distributes”;
Communications and Multimedia (Amendment)
by substituting for the words “five hundred thousand” the words “one million”; and
in subsection (4), in the definition of “counterfeit access device”, by inserting after the words “a counterfeit access device” the words “, which includes any access device
|that is primarily to assist in decoding an encrypted programme-carrying signal transmitted by any means without the authorization of the lawful distributor of such signal”.
New section 236a
The principal Act is amended by inserting after section 236
the following section:
“Right of private action for contravention of section 235
or 236 236a. (1) Any person who suffers loss or damage directly as a result of a contravention of section 235 or 236 by another person shall have a right of action for relief in civil proceedings in a court under this section against any person who is or who has at the material time been a party to such contravention, whether or not the other person has been charged with an offence in respect of the contravention or, whether or not a contravention has been proved in a prosecution.
This section shall not affect any liability under any other written law in respect of the conduct constituting the contravention.”.
Amendment of section 237
Section 237 of the principal Act is amended—
in subsection (1), by substituting for the words
“operate, or provide, or use,” the words “operate, provide or use”; and
Subsection 238(1) of the principal Act is amended—
by substituting for the words “fifty thousand” the words
“one hundred thousand”; and
by substituting for the words “one year” the words
“two years”.
Amendment of section 239
Subsection 239(1) of the principal Act is amended—
by substituting for the words “one hundred thousand”
the words “one million”; and
by substituting for the words “two years” the words
“ten years”.
Amendment of section 240
Section 240 of the principal Act is amended—
in the shoulder note, by substituting for the words
“Offence for distributing” the word “Distributing”;
by substituting for the words “one hundred thousand”
the words “two hundred thousand”; and
by substituting for the words “two years” the words
“three years”.
Amendment of section 241
Section 241 of the principal Act is amended—
in the shoulder note, by substituting for the words
“Offence for giving” the word “Giving”;
Communications and Multimedia (Amendment)
by substituting for the words “twenty thousand” the words
“five hundred thousand”; and
by substituting for the words “six months” the words
“five years”.
Amendment of section 242
Section 242 of the principal Act is amended—
by substituting for the words “one hundred thousand”
the words “one million”; and
by substituting for the words “two years” the words
“five years”.
Substitution of section 243
The principal Act is amended by substituting for section 243
the following section:
Quoted provision
any offence under this Act or its subsidiary legislation as an offence which may be compounded; and
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 a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Chairman of the Commission of a sum of money not exceeding fifty per centum of the amount of maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in his written offer.
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.
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.
Where an offence has been compounded under this section—
no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and
any document or thing seized in connection with the offence may be released by the Chairman of the
Commission, subject to such terms and conditions as the Chairman thinks fit.
All sums of moneys received by the Chairman of the
Commission under this section shall be paid into and form part of the Federal Consolidated Fund.”.
New section 244a
“Compounding of offences
The principal Act is amended by inserting after section 244
the following section:
Quoted provision
Notwithstanding the provisions of any other written law, any fee, charge, rate, financial penalty or other amount payable under this Act or its subsidiary legislation may, without prejudice to any other remedy or sanction, be recoverable as a civil debt.”.
Communications and Multimedia (Amendment)
45
Amendment of section 247
“Recovery of fees, etc.
in paragraph (2)(a), by inserting after the words “computerized data” the words “and records”;
in subsection (4), by inserting before the words “they may be detained” the words “in so far as the search is for the investigation of an offence,”;
in subsection (6), by inserting after the words “computerized data,” wherever appearing the words “record,”; and
in subsection (7), by inserting after the words “computerized data,” the words “record,”.
Amendment of section 248
Section 248 of the principal Act is amended by inserting after the word “Inspector” the words “or an authorized officer”.
New section 248a
The principal Act is amended by inserting after section 248
the following section:
“Warrant admissible notwithstanding defect 248a. 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, record or other thing seized under such warrant shall be admissible in evidence in any proceedings under this Act.”.
Amendment of section 249
by inserting after the words “computerized data” wherever appearing the words “and records”; and
by inserting after the words “A police officer”
the words “or an authorized officer”; and
by deleting the words “or an authorized officer conducting a search under section 247”.
Substitution of section 250
The principal Act is amended by substituting for section 250
the following section:
Quoted provision
a list of the equipments, instruments, materials, books, accounts, documents, goods, records or other things seized and shall sign the list; and
a written notice of the seizure containing the grounds for the seizure and shall sign the notice; and
shall, as soon as practicable, serve a copy of the list of the equipments, instruments, materials, books, accounts, documents, goods, records or other things seized and the written notice of the seizure to the occupier of the premises which have been searched, or to his agent or servant at those premises.
Communications and Multimedia (Amendment)
The written notice 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.
If the premises are unoccupied, the authorized officer shall post a copy of the list of the equipments, instruments, materials, books, accounts, documents, goods, records or other things seized conspicuously on the premises.”.
Amendment of section 251
“List of things seized
by substituting for the words “a designated police officer other than the police officer” the words
“the authorized officer”;
by substituting for the words “seizure, may at any time after that before it is forfeited under this
Act” the words “seizure may, after referring to the Public Prosecutor,”; and
in subsection (2), by deleting the words “and to the
Inspector General of Police”.
Amendment to section 252
Section 252 of the principal Act is amended—
in subsection (1), by substituting for the words “intercept or to listen to” the words “intercept, listen to, record or retain”;
by inserting after subsection (1) the following subsection:
“(1a) The Public Prosecutor, if he considers that any communication is likely to contain any information which is relevant for the purpose of any investigation of an offence under this Act or its subsidiary legislation, may—
require any licensee to intercept or retain a specified communication or communications of a specified description received or transmitted, or about to be received or transmitted by that licensee; or
authorize an authorized officer or a police officer of or above the rank of Superintendent to enter any premises and to install on such premises, any device for the interception and retention of a specified communication or communications of a specified description and to remove and retain such device.”;
in subsections (2), (3) and (5), by substituting for the words “subsection (1)” the words “this section”; and
by substituting for subsection (4) the following subsection:
“(4) The court shall take cognizance of any authorization by the Public Prosecutor under this section.”.
New sections 252a and 252b
The principal Act is amended by inserting after section 252
the following sections:
“Preservation of communications data 252a. (1) If a police officer or an authorized officer is satisfied that—
communications data is reasonably required for the purposes of an investigation; and
Communications and Multimedia (Amendment)
there is a risk that the communications data may be destroyed or rendered inaccessible, the police officer or authorized officer may, by written notice 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 such manner as may be specified in the written notice.
The person to whom the written notice is given under subsection (1)—
shall preserve the communications data specified in the notice for the period and in such manner as may be specified in the written notice; and
shall not disclose the existence and content of the written notice, the procedure, method, manner or any matter related to the preservation of communications data under subsection (1) without lawful authority.
A person who contravenes subsection (2) commits an offence.
Disclosure of stored communications data 252b. (1) If a police officer or an authorized officer is satisfied that any communications data is reasonably required for the purposes of an investigation into an offence under this Act or its subsidiary legislation, the police officer or authorized officer may, by written notice given to a person in control of the communications system, require the person to disclose such communications data in the manner specified in the written notice.
The person to whom the written notice is given under subsection (1)—
shall disclose such communications data in the manner specified in the written notice; and
shall not disclose the existence and content of the written notice, the procedure, method, manner or any matter related to the disclosure of communications data under subsection (1) without lawful authority.
A person who contravenes subsection (2) commits an offence.”.
Substitution of section 253
The principal Act is amended by substituting for section 253
the following section:
Quoted provision
Any person who—
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;
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;
refuses to give any authorized officer any information relating to an offence or suspected offence under this Act or any other information which he has in his knowledge or power to give;
rescues or endeavours to rescue or causes to be rescued anything which has been seized; or
destroys any thing to prevent the seizure or the securing of the thing, commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding ten years or to both.”.
Communications and Multimedia (Amendment)
51
Amendment of section 254
“Obstruction
Section 254 of the principal Act is amended by substituting for paragraph (a) the following paragraph:
“(a) to require the production of computers, devices, books, records, accounts, data, computerized data and documents kept by a licensee or any other person and to inspect, examine and to download, make copies or take extracts from them;”.
Amendment of section 263
by substituting for the words “written request by”
the words “receipt of a written notice from”; and
by substituting for the words “assist the Commission or other authority as far as reasonably necessary”
the words “comply with the written notice,”;
and
by inserting after subsection (2) the following subsection:
“(3) A licensee who fails to comply with the written notice under subsection (2) commits an offence and shall on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both.”.
Amendment of section 264
Section 264 of the principal Act is amended—
by substituting for the words “section 263” the words
“sections 230b and 263”.
Amendment of section 266
Section 266 of the principal Act is amended by deleting the words “and/” wherever appearing.
Amendment of section 268
by substituting for the words “one or more licensees or persons” the words “any licensee or person”; and
by inserting after the words “retain records” the words
“and to submit such records to the Commission”.
New sections 268a and 268b
The principal Act is amended by inserting after section 268
the following sections:
“Minister may make rules on keeping, etc., communications data for investigation purposes 268a. The Minister may make rules, to be published in the
Gazette, to require any licensee or person to keep and retain communications data to facilitate the investigation of offences.
Power to specify form and manner of submission 268b. Where under any provision of this Act, its subsidiary legislation or any instrument issued, made or given under this
Act any person is required to submit to the Commission any information, records, returns or documents, the Commission may specify that such information, records, returns or documents be submitted in such form or manner and within such period or at such intervals as the Commission may specify.”.
Communications and Multimedia (Amendment)
53
Amendment of section 269
by substituting for the words “made and/or” the word “and”; and
Any inquiry under section 55, application for registration of an undertaking under section 111 and request for a copy of a statement of reasons for the decision under section 119 of the principal Act, pending before the date of coming into operation of this Act, shall be dealt with in accordance with the principal
Act as amended by this Act.
Any direction, determination, decision, written notice, guideline and action made, issued, given or done by the Minister or Commission under the principal Act on the date of coming into operation of this Act shall, after the date of coming into operation of this Act, continue to be in force and have effect as if the principal Act has not been amended by this Act.
Any access agreement registered under section 150 of the principal Act before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, be dealt with as if the principal Act has not be amended by this Act.
Any investigation or proceedings commenced or pending before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, be continued as if the principal Act has not be amended by this Act.