Kuala lumpur: The Malaysian Communications and Multimedia Commission (MCMC) has invoked the Deeming Provision under Section 46A of the Communications and Multimedia Act 1998, marking a major step in enforcing the Online Safety Act 2025 (Act 866). The Deeming Provision is a legal clause that deems major overseas-based online platforms to be under Malaysian jurisdiction, even if they do not have a physical or registered presence in the country.
According to BERNAMA News Agency, the Legal Affairs Division of the Prime Minister's Department (BHEUU) welcomed the move, which comes into force on Jan 1 next year. The clause will reinforce the primary objective of Act 866 to ensure service providers operate in an orderly manner under the regulatory framework, without disrupting the continuity of global platforms. "This approach holds platforms accountable under Act 866, ensuring they are responsible for protecting users and vulnerable groups, particularly children, from harms such as cyberbullying, financial fraud, child exploitation and harmful content," the statement read today.
Emphasising that the enforcement carefully balances online safety and freedom of expression, BHEUU reaffirmed that it will continue working with MCMC, relevant ministries, agencies, and stakeholders to ensure a phased, transparent, and effective rollout of the Act, utilising mechanisms like the Online Safety Committee.
BHEUU also stressed that the MADANI Government remains committed to building a safe, ethical, and responsible digital ecosystem, ensuring technological progress benefits the nation without compromising public safety, welfare, and the interests of its citizens.
Separately, the MCMC announced today that all internet messaging and social media service providers with eight million or more users in Malaysia will automatically be deemed registered as holders of an Application Service Provider (Class C) [ASP(C)] Licence, effective Jan 1, 2026. This follows the enforcement of the Deeming Provision under Section 46A of the Communications and Multimedia Act 1998. The provision is a key enforcement tool to make global tech giants accountable under Malaysian online safety laws without requiring them to formally establish a local entity. The enforcement will apply to service providers meeting the set criteria, including WhatsApp, Telegram, Facebook, Instagram, TikTok, and YouTube.