Social media providers face fines, jail without valid licence by Jan 1, warns Fahmi

PUTRAJAYA: Social media providers without a valid licence by Jan 1 next year may face fines or jail, warns Fahmi Fadzil.

The Communications Minister stressed that the licensing only applies to social media platforms and was not aimed at regulating social media users or influencers.

“For now, we have determined that action can be taken under Section 126 of the Communications and Multimedia Act.

“Under the Act, if found guilty, the service provider can be fined not more than RM500,000 or five years’ jail or both. They may also be fined RM1,000 for each day or part of a day, as long as the offence continues,” he told a press conference on Thursday (Aug 1).

The Malaysian Communications and Multimedia Commission (MCMC) announced that all social media and internet messaging services with at least eight million registered users in the country must apply for a Class A Application Service License under the Communications and Multimedia Act 1998.

This measure will be enforced on Jan 1, 2025.

The new regulatory framework for social media and internet messaging service providers comes into effect Thursday. The service providers will have until Dec 31 to register before implementation is enforced on Jan 1, 2025.

Fahmi also addressed concerns about whether the licensing of social media platforms would allow the government to arbitrarily shut them down.

“Many have asked whether licensing Meta Platforms Inc (Meta) would allow us to arbitrarily shut down Meta if, for example, it removes posts from the official account of the Prime Minister (Datuk Seri Anwar Ibrahim).

“The answer is no. Instead, from today until Dec 31, MCMC will hold engagement sessions with all stakeholders, including social media platforms and internet messaging systems, to identify codes of conduct and what might happen if certain actions and directives are ignored by licensees,” explained the minister.

Fahmi further noted that the purpose of licensing was not aimed at restricting freedom of speech but was part of the government’s efforts to address three core issues: scams, cyberbullying, and sexual crimes, particularly against children.

Fahmi added that the Frequently Asked Questions (FAQ) released by the MCMC will also cover the actions users or platforms can take if they wish to refer to or appeal any directive or decision made.

He said the FAQ would help better understand the government’s initiative on the issue.

Fahmi said engagement sessions had been held with MPs and NGOs. The sessions will continue to ensure that Malaysians understand the government’s move, particularly since it is constitutional, he added.

“We want a better atmosphere, especially in ensuring that the internet is safer for our children and families,” he said.

While around 79 bodies and organisations had been invited, only 27 attended, including the Centre for Independent Journalism, the Bar Council, Article 19, Suara Rakyat Malaysia (Suaram), United Nations Children’s Fund (Unicef), National Union of Journalists Malaysia (NUJ), Justice for Sisters, and Legal Dignity.

Muda and Gerakan Media Merdeka (Geramm) however were not present, Fahmi said.