Licensing requirement was always there, exempted for over 20 years

The licensing requirement for social media platforms and instant messaging platforms that would be introduced on Aug 1 and implemented on Jan 1, 2025 is meant to impose obligations not for end users, but for the platforms.

The licensing requirement had always been there but it was exempted for the past 23 years.

Firstly, the licensing regime imposes obligations not on the end user like you and me, but on online service providers (OSPs) like Meta, X, TikTok,” said Bangi MP Syahredzan Johan via X in response to a question from another X user.

“The primary obligation rests on the OSPs to moderate and create a safe environment, government only steps in when the OSPs fail to do so.

“Secondly, the requirement for license has always been there. This isn’t a new law that needs to be passed by Parliament.

“However, by way of an Exemption Order in year 2000, many content providers have been exempt from requiring a licence.

The government had announced licensing for social media and instant messaging platforms that had eight million users with a local presence. It would be enforced by the Malaysian Communication and Multimedia Commission (MCMC)

These measures were undertaken for several reasons.

The whole idea is to enforce conduct requirements on these OSPs that they must comply. These include:

1) robust measures to protect minors
2) robust measures to detect AI generated content
3) content moderation which must be quick and effective
4) clear complaints procedure for aggrieved social media users,

amongst others.”

MCMC action can be reviewed, appealed

He also explained that the enforcement action by the MCMC can be reviewed and appealed via an appeals tribunal.

“The action should also be open to judicial review, especially if it relates to infringement of basic fundamental liberties.

“Making OSPs responsible for the content it publishes is not something unique to Malaysia. Some countries have even more stringent requirements.

“One must also remember that these OSPs have significant presence in Malaysia, with little to no accountability or responsibility for the content they allow to be published.

“Not to mention, the revenue they get from our country without giving back to its people through taxes and the like,” added the DAP federal lawmaker.

Meanwhile in a related development, Minister in Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said announced last night that a new law regarding a guideline and enforcement for a kill switch to increase digital security would.

The new proposed law would be tabled in October.

It would put the responsibility of battling online scams, cyberbully, distribution of children sexual harassment materials and sexual harassment on the social media platforms and internet messaging service providers.