Malaysia Online Safety Act 2025 (ONSA): Difference between revisions
m corrected ref link for MCMC's ONSA FAQ pdf. | I think most references exist, just their URL needs to be checked & corrected. Good starting point for an article though |
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|Description=Malaysian law requiring platforms with 8M+ users to remove harmful content. Critics cite censorship concerns; government says it targets platforms, no | |Description=Malaysian law requiring platforms with 8M+ users to remove harmful content. Critics cite censorship concerns; government says it targets platforms, no | ||
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The '''Online Safety Act 2025''' ('''Act 866''') is Malaysian legislation that came into force on January 1, 2026, requiring social media and messaging platforms with over 8 million Malaysian users to remove harmful content and implement safety measures.<ref>https://www.thestar.com.my/news/nation/2025/01/01/online-safety-act-2025-comes-into-effect</ref> The Act targets nine categories of harmful content including child sexual abuse material and financial fraud, with platforms facing fines up to RM10 million for non-compliance.<ref>https://www.mcmc.gov.my/en/media/press-releases/online-safety-act-2025</ref> Civil society groups have raised concerns about potential censorship and surveillance, while the government maintains the Act targets platform accountability rather than individual users.<ref>https://www.article19.org/resources/malaysia-online-safety-act-threatens-freedom-of-expression/</ref> | The '''Online Safety Act 2025''' ('''Act 866''') is Malaysian legislation that came into force on January 1, 2026, requiring social media and messaging platforms with over 8 million Malaysian users to remove harmful content and implement safety measures.<ref>https://www.thestar.com.my/news/nation/2025/01/01/online-safety-act-2025-comes-into-effect</ref> The Act targets nine categories of harmful content including child sexual abuse material and financial fraud, with platforms facing fines up to RM10 million for non-compliance.<ref name=":1">https://www.mcmc.gov.my/en/media/press-releases/online-safety-act-2025</ref> Civil society groups have raised concerns about potential censorship and surveillance, while the government maintains the Act targets platform accountability rather than individual users.<ref>https://www.article19.org/resources/malaysia-online-safety-act-threatens-freedom-of-expression/</ref> | ||
==Background== | ==Background== | ||
Between January and November 2025, Malaysian police recorded RM2.7 billion in reported losses from online scams.<ref>https://www.thestar.com.my/news/nation/2025/12/01/rm27bil-lost-to-online-scams-jan-nov</ref> A UNICEF study identified more than 100,000 children in Malaysia at risk of online sexual exploitation, with police operations uncovering hundreds of thousands of files containing child sexual abuse material.<ref>https://www.unicef.org/malaysia/press-releases/unicef-malaysia-online-child-safety-report</ref> | Between January and November 2025, Malaysian police recorded RM2.7 billion in reported losses from online scams.<ref>https://www.thestar.com.my/news/nation/2025/12/01/rm27bil-lost-to-online-scams-jan-nov</ref> A UNICEF study identified more than 100,000 children in Malaysia at risk of online sexual exploitation, with police operations uncovering hundreds of thousands of files containing child sexual abuse material.<ref>https://www.unicef.org/malaysia/press-releases/unicef-malaysia-online-child-safety-report</ref> | ||
Between January 2024 and November 2025, major platforms removed 92% of 697,061 harmful posts flagged by Malaysian authorities, but 58,104 posts remained accessible online.<ref>https://www.malaymail.com/news/malaysia/2025/12/30/online-safety-act-to-take-effect-jan-1-service-providers-must-comply/138924</ref> These ongoing challenges prompted the Malaysian government to introduce the Online Safety Act 2025 to strengthen platform accountability for harmful content and protect Malaysian internet users, particularly children.<ref | Between January 2024 and November 2025, major platforms removed 92% of 697,061 harmful posts flagged by Malaysian authorities, but 58,104 posts remained accessible online.<ref>https://www.malaymail.com/news/malaysia/2025/12/30/online-safety-act-to-take-effect-jan-1-service-providers-must-comply/138924</ref> These ongoing challenges prompted the Malaysian government to introduce the Online Safety Act 2025 to strengthen platform accountability for harmful content and protect Malaysian internet users, particularly children.<ref name=":1" /> | ||
==Key provision== | ==Key provision== | ||
===Who it applies to=== | ===Who it applies to=== | ||
The Act applies to licensed service providers under the Communications and Multimedia Act 1998, specifically Applications Service Providers (ASPs), Content Applications Service Providers (CASPs), and Network Service Providers (NSPs).<ref | The Act applies to licensed service providers under the Communications and Multimedia Act 1998, specifically Applications Service Providers (ASPs), Content Applications Service Providers (CASPs), and Network Service Providers (NSPs).<ref name=":1" /> Social media or messaging platforms with over 8 million users in Malaysia are automatically deemed licensees and subject to the Act's requirements.<ref>https://www.thestar.com.my/news/nation/2026/01/01/online-safety-act-2025-comes-into-effect</ref> The Act has extra-territorial reach, applying to companies outside Malaysia if they provide services within Malaysia and fall under the licensing framework.<ref>https://lom.agc.gov.my/act-view.php?language=eng&type=act&no=866&year=2025</ref> | ||
===Affected platforms=== | ===Affected platforms=== | ||
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===Platform obligations=== | ===Platform obligations=== | ||
Licensed providers must implement measures to reduce user exposure to harmful content, issue safety guidelines, provide online safety tools, provide user support mechanisms, and establish reporting channels for harmful content.<ref | Licensed providers must implement measures to reduce user exposure to harmful content, issue safety guidelines, provide online safety tools, provide user support mechanisms, and establish reporting channels for harmful content.<ref name=":1" /> Platforms must submit an Online Safety Plan to the Malaysian Communications and Multimedia Commission (MCMC) and make it publicly available.<ref name=":0" /> | ||
They must also implement child-specific safeguards including limiting communication between children and adults, regulating recommendation systems to prevent harmful content exposure, addressing addictive design features, and protecting children's personal data.<ref>https://www.thestar.com.my/tech/tech-news/2025/12/31/what-you-need-to-know-about-the-online-safety-act-2025</ref> | They must also implement child-specific safeguards including limiting communication between children and adults, regulating recommendation systems to prevent harmful content exposure, addressing addictive design features, and protecting children's personal data.<ref>https://www.thestar.com.my/tech/tech-news/2025/12/31/what-you-need-to-know-about-the-online-safety-act-2025</ref> | ||
===Enforcement=== | ===Enforcement=== | ||
The Act is overseen by the Malaysian Communications and Multimedia Commission (MCMC).<ref | The Act is overseen by the Malaysian Communications and Multimedia Commission (MCMC).<ref name=":1" /> Service providers can face fines up to RM10 million for non-compliance with the Act's requirements.<ref>https://www.thestar.com.my/news/nation/2026/01/01/online-safety-act-2025-comes-into-effect</ref> The Act establishes an Online Safety Appeal Tribunal to handle grievances related to Commission decisions and enforcement actions.<ref>https://lom.agc.gov.my/act-view.php?language=eng&type=act&no=866&year=2025</ref> | ||
==Age verification and under-16 ban== | ==Age verification and under-16 ban== | ||
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==Government response== | ==Government response== | ||
MCMC officials stated the Act was designed to protect the safety of social media users rather than control their freedom of expression.<ref | MCMC officials stated the Act was designed to protect the safety of social media users rather than control their freedom of expression.<ref name=":1" /> Officials emphasized the Act targets platform providers who fail to filter harmful content, not individual users or their right to express opinions online.<ref>https://www.thestar.com.my/news/nation/2025/12/28/mcmc-online-safety-act-targets-platforms-not-users</ref> | ||
The government defended the Act as necessary to combat significant financial losses from online scams and protect vulnerable users, particularly children. Communications Minister Fahmi Fadzil cited police statistics showing RM2.7 billion in reported losses from online scams between January and November 2025 as evidence of the urgent need for platform accountability.<ref>https://www.thestar.com.my/news/nation/2025/12/01/rm27bil-lost-to-online-scams-jan-nov-2025</ref> | The government defended the Act as necessary to combat significant financial losses from online scams and protect vulnerable users, particularly children. Communications Minister Fahmi Fadzil cited police statistics showing RM2.7 billion in reported losses from online scams between January and November 2025 as evidence of the urgent need for platform accountability.<ref>https://www.thestar.com.my/news/nation/2025/12/01/rm27bil-lost-to-online-scams-jan-nov-2025</ref> | ||