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Amendment Act · As enacted

Malaysian Communications and Multimedia Commission (Amendment) Act 2026

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

(1)

This Act may be cited as the Malaysian Communications and Multimedia Commission (Amendment) Act 2026.

(2)

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 3

The Malaysian Communications and Multimedia Commission

Act 1998 [Act 589], which is referred to as the “principal Act”

in this Act, is amended in section 3—

(a)

in the definition of “Chairman”, by substituting for the words “paragraph 6(a)” the words “paragraph 6(1)(a)”;

and

MALAYSIAN COMMUNICATIONS AND

MULTIMEDIA COMMISSION

(AMENDMENT) ACT 2026

(b)

by inserting after the definition of “communications and multimedia laws” the following definition:

‘ “communications system” has the meaning assigned to it in the Communications and Multimedia Act 1998

[Act 588];’.

s 3Substitution of section 6

The principal Act is amended by substituting for section 6

the following section:

s 6“Membership of Commission

(1)

The Commission shall consist of the following members who shall be appointed by the Minister:

(a)

a Chairman, who shall not be a member of a House of Parliament or any Legislative Assembly;

(b)

three members representing the Federal Government, whereby one of the members shall be the Secretary

General of the Ministry charged with the responsibility for communications and multimedia who shall be an ex-officio member; and

(c)

not less than two but not more than seven other members who have experience and knowledge in matters relating to communications and multimedia, finance, engineering, commerce, law, economics, public administration, competition, consumer protection, social science or any other suitable qualification as the Minister may determine.

(2)

The members of the Commission shall not be an employee of the Commission, except for the Chairman who is also the chief executive officer under section 20.”.

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s 4Substitution of section 10

The principal Act is amended by substituting for section 10

the following section:

s 10“Tenure of office

(1)

The tenure of office—

(a)

of the Chairman appointed under paragraph 6(1)(a)

shall be for a term of two years and such Chairman shall be eligible for reappointment for the same term, but shall not hold office for more than five terms either continuously or otherwise; and

(b)

of a member appointed under paragraph 6(1)(b) or (c), other than an ex-officio member, shall be for a term of two years and such member shall be eligible for reappointment for the same term, but shall not hold office for more than five terms either continuously or otherwise.

(2)

Notwithstanding subsection (1), a person appointed as the Chairman under paragraph 6(1)(a) or as any member under paragraph 6(1)(b) or (c), except for an ex-officio member, who has completed the tenure of his office of five terms specified in paragraph (1)(a) or (b) either continuously or otherwise sometimes one and sometimes another, shall be eligible for appointment to the other office under paragraph 6(1)(a), (b) or (c) and shall hold the office for the same term specified in paragraph (1)(a) or (b), as the case maybe.”.

s 5Amendment of section 13

Section 13 of the principal Act is amended by substituting for paragraph (f) the following paragraph:

“(f) in the case of the Chairman—

(i)

if he absents himself from a meeting of the

Commission without leave of the Minister; or

(ii)

if he is elected or appointed as a member of a

House of Parliament or any Legislative Assembly;”.

s 6New section 14a

The principal Act is amended by inserting after section 14

the following section:

“Cessation of appointment of Chairman 14a. In the event that the Chairman is, for any reason, absent from duty or from Malaysia or unable to perform the duties of his office for six consecutive months without leave of the Minister, the Minister shall appoint another person to be the Chairman in accordance with this Act and upon such appointment, the previous Chairman shall cease to be a member of the Commission.”.

s 7Amendment of section 16

Subsection 16(1) of the principal Act is amended—

(a)

by deleting the word “and” at the end of paragraph (i);

and

(b)

by inserting after paragraph (i) the following paragraphs:

“(ia) to develop and regulate standards on infrastructure and platforms that will promote interoperability, trust and spur growth of the communications and multimedia industry and the broader Malaysian economy;

(ib)

to develop and regulate standards concerning safety, security protection, integrity and reliability of information assets, communications networks and services provided over the communications networks;

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(ic)

to review or audit any of the information which a licensee or any other person providing services related to communications system is required to furnish to the Commission;

(id)

to audit or cause to be audited activities of any licensee or any other person providing services related to communications system determined by the Commission; and”.

s 8Amendment of section 17

Subsection 17(1) of the principal Act is amended—

(a)

in paragraph (c), by substituting for the word “and” the word “or”; and

(b)

in paragraph (d), by substituting for the words “chief executive” the words “chief executive officer”.

s 9Amendment of section 18

Section 18 of the principal Act is amended by inserting after subsection (2) the following subsections:

“(3) Every direction given by the Minister shall be registered by the Commission as soon as practicable.

(4)

A direction shall come into operation on the date of registration of such direction in a register or such later date as the Minister may specify in the direction.

(5)

A direction shall expire on such date as the Minister may specify in the direction or, if no date is specified, the direction shall continue to be in operation until the direction is revoked.

(6)

The Minister may at any time modify, vary or revoke a direction and the procedure set out in subsections (3), (4)

and (5) shall apply mutatis mutandis in respect of any modification, variation or revocation of a direction.”.

s 10New section 18a

The principal Act is amended by inserting after section 18

the following section:

“Register of direction by Minister 18a. (1) The Commission shall maintain a register, in both physical form and electronic media, of all matters which are required to be registered under section 18.

(2)

Any person may, on payment of the fee, if any, imposed by the Commission—

(a)

inspect the register; and

(b)

make a copy of, or take extracts from, the register.

(3)

If a person requests that a copy be provided in an electronic media, the Commission may provide the relevant information—

(a)

by using a data processing device; or

(b)

by way of electronic transmission.”.

s 11Amendment of section 20

Section 20 of the principal Act is amended—

(a)

in the shoulder note, by substituting for the words

“chief executive” the words “chief executive officer”;

(b)

in subsection (2), by substituting for the words

“chief executive” the words “chief executive officer”;

(c)

in subsection (3), by substituting for the words

“The chief executive” the words “The chief executive officer”;

(d)

in subsection (4), by substituting for the words

“The chief executive” the words “The chief executive officer”;

Malaysian Communications and Multimedia

Commission (Amendment)

(e)

in subsection (5), by substituting for the words

“The chief executive” the words “The chief executive officer”; and

(f)

in subsection (6), by substituting for the words

“chief executive” the words “chief executive officer”.

s 12Amendment of section 21

Section 21 of the principal Act is amended—

(a)

in the shoulder note, by substituting for the words

“chief executive” the words “chief executive officer”;

and

(b)

by substituting for the words “chief executive” wherever appearing the words “chief executive officer”.

s 13Amendment of section 23

Section 23 of the principal Act is amended by substituting for the words “, with the approval of the Minister, make regulations with respect to” the word “determine”.

s 14Amendment of section 38

Paragraph 38(2)(c) of the principal Act is amended—

(a)

by deleting the word “licence”; and

(b)

by inserting after the word “levies” the words “, financial penalties,”.

s 15Amendment of section 45

Section 45 of the principal Act is amended by substituting for the words “five million” the words “fifty million”.

s 16New section 53a

The principal Act is amended by inserting after section 53

the following section:

“Power of Commission to publish information 53a. The Commission may, where it thinks necessary or expedient in the interest of the public in such form or manner as it thinks fit, publish any information in relation to—

(a)

the grant of, lapsing, revocation or suspension of an approval, licence or exemption granted under any communications and multimedia law to any person;

(b)

the issuance of any directions, guidelines, determinations, decisions or any other legal instruments under any communications and multimedia law;

(c)

any civil action taken under any communications and multimedia law;

(d)

the compounding of any offence under any communications and multimedia law; or

(e)

any civil or criminal proceedings brought—

(i)

under any communications or multimedia law against any person and the outcome of such proceedings, including any settlement, whether in or out of court; or

(ii)

under any other law, whether the law of

Malaysia or the law of any territory or country outside Malaysia, against any person and the outcome of such proceedings, including any settlement, whether in or out of court.”.

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s 17Saving and transitional provisions

(1)

Any direction by the Minister given to the Commission under section 18 before the coming into operation of this Act shall, on the date of coming into operation of this Act, continue to be in force until modified, varied or revoked.

(2)

The Chairman holding the office of the chief executive immediately before the coming into operation of this Act shall continue to hold such office and shall be deemed to be appointed as the chief executive officer under the principal Act as amended by this Act.

(3)

Notwithstanding the provisions of this Act, the members of the Commission holding office before the coming into operation of section 3 of this Act shall continue to hold such office until the expiry of their respective terms.