Malaysia legislation

Section 23

of ONLINE SAFETY ACT 2025

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.

Online Safety 25

(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.

Act 866

(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 23 — ONLINE SAFETY ACT 2025 | mylaw.my