Amendment Act · As enacted
Communications and Multimedia (Amendment) Act 2025
Feedback & supportAmends the Communications and Multimedia Act 1998Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Communications and Multimedia
(Amendment) Act 2025.
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.
s 2Amendment 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
other data relating to communications;’;
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)
in the definition of “network service”—
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.’.
s 3Amendment 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;”;
in subsection (2)—
by substituting for the words “three hundred thousand” the words “one million”;
by substituting for the words “three years”
the words “ten years”; and
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.”.
s 4New 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.”.
s 5Amendment 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”.
s 6Amendment of section 34
Subsection 34(1) of the principal Act is amended by substituting for the words “sixty days” the words “six months”.
Communications and Multimedia (Amendment)
s 7Amendment of section 41
Subsection 41(4) of the principal Act is amended—
by substituting for the words “five hundred thousand”
the words “one million”;
by substituting for the words “five years” the words
“ten years”; and
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”.
s 8Amendment of section 44
Subsection 44(2) of the principal Act is amended by deleting the words “and/”.
s 9Amendment 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,”.
s 10New 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).”.
s 11Amendment 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.”.
s 12Amendment of section 51
Section 51 of the principal Act is amended—
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”.
s 13Amendment 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”.
s 14Amendment 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—
the objects of this Act;
any relevant instrument under this Act; or
any relevant provisions of this Act or its subsidiary legislation.”; and
in subsection (5)—
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”.
s 15Amendment 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”.
s 16Amendment 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
in subsection (2)—
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”.
Communications and Multimedia (Amendment)
s 17Amendment 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”.
s 18Amendment 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”.
s 19Amendment of section 73
Section 73 of the principal Act is amended—
in subsection (2)—
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
in subsection (3)—
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”.
s 20New 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.
Communications and Multimedia (Amendment)
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.”.
s 21Substitution of section 74
The principal Act is amended by substituting for section 74
the following section:
s 74“Non-compliance with written instructions
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.”.
s 22Substitution of section 75
The principal Act is amended by substituting for section 75
the following section:
s 75“Giving false or misleading information, evidence or document, etc.
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.”.
Communications and Multimedia (Amendment)
s 23Amendment of section 78
Section 78 of the principal Act is amended by inserting after the words “section 268” the words “or 268a”.
s 24Amendment of section 79
Subsection 79(1) of the principal Act is amended by substituting for the word “directions” the words “written instructions”.
s 25Amendment of section 80
Section 80 of the principal Act is amended—
in subsection (1)—
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
by substituting for the word “Chapter” the word
“Act”; and
in subsection (2), by inserting after the word “shall” the words “, for information that it has received,”.
s 26Amendment 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”.
s 27Amendment of section 82
Subsection 82(1) of the principal Act is amended—
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”.
s 28Amendment 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”.
s 29Deletion of sections 90, 91, 92 and 93
The principal Act is amended by deleting sections 90, 91,
92 and 93.
s 30Amendment of section 94
Section 94 of the principal Act is amended—
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”.
s 31Amendment of section 96
Subsection 96(2) of the principal Act is amended by substituting for the word “formulated” the word “determined”.
Communications and Multimedia (Amendment)
s 32Amendment of section 97
Subsection 97(5) of the principal Act is amended by substituting for the words “three years” the words “one year”.
s 33Amendment of section 99
Section 99 of the principal Act is amended—
by renumbering the existing section as subsection (1);
and
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).”.
s 34Deletion of section 100
The principal Act is amended by deleting section 100.
s 35Amendment of section 104
Section 104 of the principal Act is amended—
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
any matter to promote industry conduct which is consistent with—
the objects of this Act;
any relevant instrument under this Act;
or
any relevant provisions of this Act or its subsidiary legislation.”; and
in subsection (3), by inserting after the words “Ministerial direction” the words “to the Commission”.
s 36Amendment 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).”.
s 37Deletion of section 109
The principal Act is amended by deleting section 109.
s 38Amendment of section 110
Subsection 110(2) of the principal Act is amended by deleting the words “/or”.
Communications and Multimedia (Amendment)
s 39Amendment of section 111
Section 111 of the principal Act is amended—
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”.
s 40Amendment 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”.
s 41Amendment of section 115
Section 115 of the principal Act is amended by inserting after the words “Chapter 6” the words “of this Part”.
s 42Amendment of section 116
Section 116 of the principal Act is amended—
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.”.
s 43Amendment 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”.
s 44Amendment 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”.
s 45Amendment of section 126
Section 126 of the principal Act is amended—
in subsection (1)—
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)
in subsection (2)—
by substituting for the words “five hundred thousand” the words “one million”;
by substituting for the words “five years” the words “ten years”; and
by substituting for the words “one thousand” the words “one hundred thousand”.
s 46Amendment 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).”.
s 47Amendment of section 145
Paragraph 145(1)(c) of the principal Act is amended by deleting the words “and/”.
s 48Amendment of section 146
Paragraph 146(c) of the principal Act is amended by deleting the words “and/”.
s 49Amendment of section 147
Section 147 of the principal Act is amended—
in paragraph (1)(c), by deleting the words “and/”; and
by substituting for subsection (2) the following subsection:
“(2) The Commission may determine that—
the recommended network facilities or class of network facilities;
the recommended network service or class of network services; or
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.”.
s 50Amendment of section 148
Paragraph 148(c) of the principal Act is amended by deleting the words “and/”.
Communications and Multimedia (Amendment)
s 51Amendment of section 149
Subsection 149(3) 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”.
s 52Substitution of section 150
The principal Act is amended by substituting for section 150
the following section:
s 150“Lodgment of access agreements
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.”.
s 53Amendment of section 152
Section 152 of the principal Act is amended by substituting for the words “a single industry body” the words “an industry body”.
s 54Amendment of section 153
Subsection 153(3) of the principal Act is amended—
by substituting for paragraphs (b), (c), (d), (e) and (f)
the following paragraphs:
“(b) pricing principles including rate methodologies;
operations and maintenance;
billing and settlement;
protection of intellectual property;
protection of commercial information;”; and
by inserting after paragraph (f) the following paragraphs:
“(g) provisioning of facilities or services;
sharing of technical information;
dispute resolution; and
suspension and termination.”.
s 55Amendment of section 155
Subsection 155(2) of the principal Act is amended by deleting the words “listed in the access list”.
s 56Amendment 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”.
s 57Amendment of section 157
Section 157 of the principal Act is amended—
in subsection (1), by substituting for the word “determined”
the word “prescribed”; and
in subsection (2)—
by substituting for the words “five hundred thousand” the words “one million”;
Communications and Multimedia (Amendment)
by substituting for the words “five years” the words “ten years”; and
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”.
s 58Amendment 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.”.
s 59Amendment of section 174
Section 174 of the principal Act is amended—
by deleting the words “and/”; and
by inserting after the words “apparatus assignment” the words “or both”.
s 60Amendment of section 177
Paragraph 177(d) of the principal Act is amended by deleting the words “/or” at the end of the paragraph.
s 61Amendment of section 180
Section 180 of the principal Act is amended—
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).”.
s 62Amendment 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”.
s 63Amendment 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”.
Communications and Multimedia (Amendment)
s 64Amendment 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”.