KUALA LUMPUR: Social media companies can have their licences revoked or suspended if they breach Malaysia's new Regulatory Framework for Internet Messaging Service and Social Media Service Providers.
The guidelines, which were gazetted today and will take effect on Jan 1, state that any breach of licence conditions and/or conduct requirements by service providers will lead to action by the Malaysian Communications and Multimedia Commission (MCMC), ranging from warnings to deregistration.
"MCMC will assess the nature of the breach, including its severity, impact and frequency, as well as the compliance record of the service provider in deciding the appropriate action to be taken against them.
"In such circumstances, MCMC can initiate actions ranging from administrative warnings, issuance of compliance directions to rectify the breach, impose civil penalties or compound offences to proportionately deal with the breach.
"In the most severe and grave breaches, MCMC can suspend access to the service provider's platform, deregister the ASP (C) license, or commence prosecution," MCMC said.
Any decision or direction by MCMC will be under the Communications and Multimedia Act 1998 (CMA 1998), and can be challenged by service providers at an appeal tribunal established under CMA 1998 and subsequently pursue a judicial review.
"For instance, section 51 of the CMA 1998 allows MCMC to issue directions to any person to ensure compliance with license conditions, provisions of the CMA 1998, and any of its subsidiary legislation.
"However, the issuance of such directions cannot be done arbitrarily and must adhere to due process. The person will be granted the opportunity to be heard before a direction is issued," it added.
MCMC said the regulatory framework was introduced to combat cybercrime, including online fraud and gambling, cyberbullying, and sexual crimes against children.
On Wednesday, Communications Minister Fahmi Fadzil said MCMC had discussed the licensing requirements with major social media platforms.
On July 27, MCMC said that social media sites and online messaging platforms with at least eight million Malaysian users must apply for a license by Aug 1 to continue operating in Malaysia, with enforcement beginning next year.