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In forceUpdated to 22 May 2025Read it in Bahasa Malaysia
Contents

Act of Parliament

Online Safety Act 2025

Feedback & supportRegulating harmful online content and the duties of service providers

Long title

An Act to enhance and promote online safety in Malaysia by regulating harmful content and providing for duties and obligations of the applications service providers, content applications service providers and network service providers, and to provide for related matters.

In force · Updated to 22 May 2025

Part I

Preliminary

Official textFrom Laws of Malaysia Online, unchanged

(1)

This Act may be cited as the Online Safety Act 2025.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

(1)

Subject to subsection (2), this Act shall apply to—

(a)

any applications service which utilizes internet access service that enables communications between users;

(b)

any content applications service which utilizes internet access service to provide content; and

(c)

any network service.

(2)

This Act shall not apply to a private messaging feature of any applications service and content applications service.

(3)

For the purposes of subsection (2), “private messaging feature” means a feature that allows a user to communicate a content to a specific and limited number of recipients determined by the user and may contain any other characteristics as may be prescribed.

(1)

This Act shall apply within and outside Malaysia.

(2)

Notwithstanding subsection (1), this Act shall apply to any person beyond the geographical limits of Malaysia and the territorial waters of Malaysia if such person provides any applications service, content applications service or network service in a place within Malaysia and is a licensee under the

Communications and Multimedia Act 1998 [Act 588].

(3)

For the purposes of this section, “place” means a point of any nature or description whether on land, in the atmosphere, in outer space, underground, underwater, at sea or anywhere else.

(4)

For the purposes of this section, a place that is—

(a)

in or below the stratosphere; and

(b)

above the geographical limits of Malaysia and her territorial waters, is taken to be a place within the geographical limits of Malaysia and her territorial waters.

Online Safety 11

s 4Interpretation

In this Act, unless the context otherwise requires—

“this Act” includes any subsidiary legislation made under this Act;

“communications data” has the meaning assigned to it in the

Communications and Multimedia Act 1998;

“prescribed” means prescribed by the Minister by regulations made under this Act;

“Committee” means the Online Safety Committee established under section 5;

“child” means a person who is under the age of eighteen years;

“content” has the meaning assigned to it in the Communications and Multimedia Act 1998;

“harmful content” means any of the contents as specified in the First Schedule;

“priority harmful content” means the harmful content as specified in the Second Schedule;

“code” means a code issued by the Commission under section 80;

“Minister” means the Minister charged with the responsibility for communications;

“authorized officer” means any police officer, or any public officer or officer of the Commission authorized in writing by the Minister under section 52;

“licensed applications service provider” means an applications service provider licensed under the Communications and Multimedia

Act 1998;

“licensed content applications service provider” means a content applications service provider licensed under the Communications and Multimedia Act 1998;

“licensed network service provider” means a network service provider licensed under the Communications and Multimedia

Act 1998;

“user” means—

(a)

a user of the applications service provided by a licensed applications service provider; or

(b)

a user of the content applications service provided by a licensed content applications service provider;

“applications service” has the meaning assigned to it in the

Communications and Multimedia Act 1998;

“content applications service” has the meaning assigned to it in the Communications and Multimedia Act 1998;

“network service” has the meaning assigned to it in the

Communications and Multimedia Act 1998;

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

“Commission” means the Malaysian Communications and Multimedia Commission established under section 4 of the Malaysian Communications and Multimedia Commission

Act 1998 [Act 589].

Part II

Online Safety Committee

Part III

Duties of Licensed Applications Service Provider and Licensed Content Applications Service Provider

Part IV

Reporting of Harmful Content

Part V

Powers of the Commission

Part VI

Undertaking and Notice of Non-Compliance

Part VII

Online Safety Appeal Tribunal

Part VIII

Enforcement

Part IX

Miscellaneous

Schedules