ONLINE SAFETY ACT 2025

Online Safety LAWS OF MALAYSIA Act 866 ONLINE SAFETY ACT 2025 1 2 Laws of Malaysia Act 866 Date of Royal Assent ... ... 6 May 2025 Date of publication in the Gazette ... ... 22 May 2025 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Online Safety 3 LAWS OF MALAYSIA Act 866 ONLINE SAFETY ACT 2025 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 3. Territorial and extra-territorial application 2. 4. Application Interpretation Part II ONLINE SAFETY COMMITTEE 5. Establishment of Committee 7. Revocation of appointment and resignation of members of Committee 6. 8. 9. 10. 11. 12. Allowances for members of Committee Vacation of office of members of Committee Temporary exercise of functions of Chairman Functions of Committee Meetings of Committee Committee may invite others to attend meetings Part III DUTIES OF LICENSED APPLICATIONS SERVICE PROVIDER AND LICENSED CONTENT APPLICATIONS SERVICE PROVIDER 13. 14. 15. 16. Duty to implement measures to mitigate risk of exposure to harmful content Duty to issue guidelines to user Duty to enable user to manage online safety Duty to make available mechanism for reporting harmful content 4 Laws of Malaysia Act 866 Section 17. Duty to make available mechanism for user assistance 18. Duty to protect online safety of child user 19. Duty to establish mechanism for making priority harmful content inaccessible 20. Duty to prepare Online Safety Plan Part IV REPORTING OF HARMFUL CONTENT 21. Report to licensed applications service provider and licensed content applications service provider 22. Report to licensed applications service provider and licensed content applications service provider on priority harmful content 23. Report to licensed applications service provider and licensed content applications service provider on harmful content 24. Report to Commission 25. Report to Commission on harmful content 26. Action by licensed applications service provider or licensed content applications service provider on its own motion 27. Commission may issue written instruction to make content accessible 28. Inconsistency between action by licensed applications service provider or licensed content applications service provider and written instruction or determination of Commission 29. Notification to user on report to enforcement agency Part V POWERS OF THE COMMISSION 30. Power to issue directions 31. Register of directions 32. Power to gather information 33. Proof of compliance 34. Commission may retain document 35. Powers of Commission shall be in addition to powers under Communications and Multimedia Act 1998 and Malaysian Communications and Multimedia Commission Act 1998 Online Safety 5 Part VI UNDERTAKING AND NOTICE OF NON-COMPLIANCE Section 36. Undertaking by licensed applications service provider and licensed content applications service provider 37. Notice of non-compliance 38. Review by Commission 39. Financial penalty for non-compliance of duties Part VII ONLINE SAFETY APPEAL TRIBUNAL 40. Establishment of Online Safety Appeal Tribunal 41. Appeal to Online Safety Appeal Tribunal 42. Revocation of appointment and resignation of members of Online Safety Appeal Tribunal 43. Vacation of office of members of Online Safety Appeal Tribunal 44. Allowances for members of Online Safety Appeal Tribunal 45. Quorum of Online Safety Appeal Tribunal 46. Decision of Online Safety Appeal Tribunal 47. Enforcement of decision of Online Safety Appeal Tribunal 48. Powers of Online Safety Appeal Tribunal 49. Suspension of members of Online Safety Appeal Tribunal 50. Disclosure of interest 51. Secretary to Online Safety Appeal Tribunal Part VIII ENFORCEMENT 52. Authorization of public officer or officer of Commission 53. Power to investigate 54. Search and seizure with warrant 55. Search and seizure without warrant 6 Laws of Malaysia Act 866 Section 56. Warrant admissible notwithstanding defect 57. Access to computerized data 58. List of thing seized 59. Release of thing seized 60. Preservation of communications data 61. Disclosure of stored communications data 62. Obstruction 63. Additional power 64. Power to require attendance of person acquainted with case 65. Examination of person acquainted with case 66. Admissibility of statement in evidence 67. Forfeiture 68. Jurisdiction to try offence Part IX MISCELLANEOUS 69. Interworking with other authority 70. Judicial review 71. Power to exempt 72. Prosecution 73. Liability of director, etc., of company, etc. 74. Compounding of offence 75. Obligation of secrecy 76. Public servant 77. Application of Public Authorities Protection Act 1948 78. Act or omission done in good faith 79. Protection of officer and other person 80. Power to issue guidelines and code 81. Power to make regulations 82. Power to amend First Schedule and Second Schedule Online Safety Section 83. Power to specify form and manner of submission 84. Service or notification of written instruction, etc. First Schedule Second Schedule 7 8 Laws of Malaysia Act 866 9 Online Safety LAWS OF MALAYSIA Act 866 ONLINE SAFETY ACT 2025 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. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (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. Application 2. (1) Subject to subsection (2), this Act shall apply to— (a) any applications service which utilizes internet access service that enables communications between users; 10 Laws of Malaysia Act 866 (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. Territorial and extra-territorial application 3. (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 Interpretation 4. 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; 12 Laws of Malaysia Act 866 “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 Establishment of Committee 5. (1) A committee by the name of “Online Safety Committee” is established. Online Safety 13 (2) The Committee shall consist of the following members: (a) a Chairman and Deputy Chairman; (b) one representative from the Ministry charged with the responsibility for communications; (c) one representative from the Ministry charged with the responsibility for home affairs; (d) one representative from the Ministry charged with the responsibility for digital related matters; (e) one representative from the Ministry charged with the responsibility for education; (f) one representative from the Ministry charged with the responsibility for women, family and community development; (g) one representative from the Royal Malaysia Police; (h) one representative from the National Security Council; (i) the Chief Children Commissioner or his representative from amongst the Children Commissioners; (j) one representative each from amongst the licensed applications service providers, licensed content applications service providers and licensed network service providers; (k) one representative from amongst persons with disabilities; and (l) not more than five persons with appropriate experience, knowledge or expertise in matters relating to online safety. (3) T h e m e m b e r s o f t h e C o m m i t t e e r e f e r r e d t o i n paragraphs (2)(a), (j), (k) and (l) shall be appointed by the Minister. 14 Laws of Malaysia Act 866 (4) The members of the Committee appointed under paragraphs (2)(a), (j), (k) and (l) shall hold office for a term not exceeding three years and shall be eligible for reappointment upon expiry of their term of office for a term not exceeding three years. (5) For the purposes of paragraph (2)(i), the “Chief Children Commissioner” and “Children Commissioner” mean the Chief Children Commissioner and the Children C