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Malaysia: Review of online content regulation and framework

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In brief

The Malaysian Communications and Multimedia Commission (MCMC) announced1 a review of the current online content regulation and framework.

In more detail

The interim chairman of MCMC announced that MCMC is undertaking a review of the current online content regulation and framework. This was shared following recent publication of online content deemed to be harmful to national security and harmony. He also noted that countries in the region such as Indonesia, Singapore and Australia have introduced direct regulatory oversight on social media service providers, holding them to greater accountability and responsibility when managing harmful content.

The review of the online content regulation and framework would cover:

  • Aspects pertaining to licensing
  • The relevance of existing penalties
  • The need of introducing new laws

The development in Malaysia is in line with developments in other countries in this region. For instance, the Australia’s Online Safety Act 2021 was passed in July 2021 to introduce basic online safety expectations for social media services, relevant electronic services and designated internet services. Closer to home, the Singapore’s Online Safety (Miscellaneous Amendment) Bill was passed in November 2022 to amend the Broadcasting Act so that online communication services can be regulated.

1 https://www.kkmm.gov.my/en/public/news/23220-mcmc-committed-to-expediting-review-of-the-online-content-management-framework

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Author

Kherk Ying Chew heads the Intellectual Property and Dispute Resolution Practice Groups of Wong & Partners. She has decades of experience in IP, commercial litigation, corporate compliance, information technology and Internet regulatory issues. She is ranked in Tier 1 for IP in Malaysia by Chambers Asia Pacific which has noted that Kherk Ying is "an acclaimed figure in the sector, drawing praise as a lawyer who is 'really commercial, very practical' and 'knows her subject impressively well." Asia Pacific Legal 500 inducted her into its Hall of Fame in 2021 for IP, it had commented that she is "highly respected for contentious and non-contentious work". Kherk Ying was also named in Benchmark Asia-Pacific’s Top 100 Women in Litigation for IP and Commercial Transactions (2020-2021). Kherk Ying won the Women Lawyer of the Year at the ALB Malaysia Law Awards in 2019. She is highly regarded for IP litigation, and has been named the "Best Female Lawyer in IP Litigation" by Euromoney Asia Women in Business Law Awards 2014. She is also recognised as a Tier 1 lawyer in enforcement and litigation by the World Trademark Review 1000, and ranked as a Tier 1 litigation and transactions professional by IAM Patent 1000. Kherk Ying is a registered trade mark, patent and design agent in Malaysia and the principal author of the CCH published Intellectual Property Laws of Malaysia. She is among the few selected trainers for an IP valuation course by Intellectual Property Corp of Malaysia (MyIPO) and is an accredited IP valuer by the World Trade Institute.

Author

Chun Hau Ng is an Associate in Wong & Partners, Kuala Lumpur office.

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