Major online platforms like WhatsApp and TikTok will be deemed under Malaysian jurisdiction to enforce the new Online Safety Act 2025.
PUTRAJAYA: The Malaysian Communications and Multimedia Commission (MCMC) has invoked a key legal provision to enforce the new Online Safety Act 2025.
The Deeming Provision under Section 46A of the Communications and Multimedia Act 1998 deems major overseas-based online platforms to be under Malaysian jurisdiction.
This applies even if the platforms do not have a physical or registered presence in the country.
The Legal Affairs Division of the Prime Minister’s Department (BHEUU) welcomed the move, which comes into force on January 1, 2025.
BHEUU said the clause will reinforce the primary objective of the Act to ensure service providers operate in an orderly regulatory manner.
“This approach holds platforms accountable under Act 866, ensuring they are responsible for protecting users and vulnerable groups,” a statement read.
It emphasised protection from harms such as cyberbullying, financial fraud, child exploitation and harmful content.
BHEUU reaffirmed that enforcement will carefully balance online safety and freedom of expression.
It will work with MCMC and stakeholders to ensure a phased, transparent and effective rollout of the Act.
The government remains committed to building a safe, ethical, and responsible digital ecosystem.
Separately, MCMC announced that major messaging and social media providers will be automatically deemed licensed.
This applies to service providers with eight million or more users in Malaysia.
They will be deemed registered holders of an Application Service Provider (Class C) Licence from January 1, 2026.
The provision is a key tool to make global tech giants accountable under Malaysian online safety laws.
It does not require them to formally establish a local entity.
The enforcement will apply to service providers meeting the set criteria.
This includes platforms like WhatsApp, Telegram, Facebook, Instagram, TikTok and YouTube. – Bernama
