Kuala lumpur: Ensuring online safety while safeguarding freedom of expression remains a key challenge for countries worldwide, including Malaysia, Australia, the United Kingdom, and Canada, said Deputy Director-General (Law Reform) at the Legal Affairs Division of the Prime Minister's Department, Datuk G. Thiyagu. He emphasized the importance of striking this balance when developing laws governing social media platforms, like the Online Safety Act 2025 (ONSA), as online safety issues are closely linked to fundamental rights.
According to BERNAMA News Agency, Thiyagu spoke during a dialogue session titled 'Online Safety by Design: Platform Accountability and Child Protection in an Age of User Vulnerability' at the International Regulatory Conference (IRC) 2026. He noted that the principle of proportionality is central to ensuring regulations do not unnecessarily restrict freedom of expression. The ONSA adopts a system-based approach, with specific provisions imposing obligations on platform providers to ensure their platforms are safe.
Thiyagu further explained that freedom of speech was a key consideration during the drafting of the legislation, aligning with Article 10 of the Federal Constitution, which guarantees citizens the right to freedom of speech while acknowledging that such freedom is not absolute. Restrictions can be imposed on grounds such as public order, morality, and national security. He also mentioned the potential for improvements in future phases of the legislation, including refining terminology and strengthening content duration measures.
Meanwhile, Human Rights Commission of Malaysia (Suhakam) Children's Commissioner Dr. Farah Nini Dusuki highlighted that the main challenge in ensuring children's online safety is not the lack of laws but rather their effective implementation and enforcement. She noted that Malaysia already has comprehensive legislation protecting children's rights, but stronger oversight mechanisms are needed to monitor implementation and improve the laws over time.
Dr. Farah Nini emphasized the need for a preventive approach to online safety, comparing it to building safer roads and playgrounds. She stated that the success of the ONSA would ultimately depend on the effective enforcement of its supporting regulations to provide meaningful protection for children.
Tune Talk co-founder and Chief Executive Officer Gurtaj Singh Padda asserted that Malaysia is emerging as a global leader in online safety by moving beyond regulation to empower parents and strengthen platform accountability. He advocated for enforcement that focuses on restricting access to non-compliant platforms, as financial penalties alone are often insufficient to change the behavior of major social media companies.
Gurtaj Singh highlighted that Tune Talk recently became the first telecommunications company in Malaysia to enable parents to block access to platforms like TikTok and Facebook, allowing them to customize age-appropriate Internet access through a one-touch system. He argued that cutting off non-compliant platforms is a more effective solution than regulation alone.
Sharing insights from Australia, High Commissioner to Malaysia Danielle Heinecke explained how her country continues to strengthen its child and online safety framework. Australian legislation requires social media platforms to take reasonable steps to prevent users under the age of 16 from holding accounts, with increased penalties for non-compliance to ensure adherence to the law.