Suhakam’s OCC backs MCMC move to license platforms, strengthening online safety and child protection under Malaysia’s laws
THE Office of the Children’s Commissioner (OCC) under the Human Rights Commission of Malaysia (Suhakam) welcomes the initiative by the Malaysian Communications and Multimedia Commission (MCMC), where internet messaging and social media service providers would be deemed as registered holders of application service provider licences, effective Jan 1, 2026.
This is pursuant to the new Section 46A of the Communications and Multimedia Act 1998 (Deeming Provision). This is a significant step in enforcing the Online Safety Act 2025 in Malaysia. It will also strengthen the accountability of digital platforms operating in Malaysia, particularly in safeguarding children in online environments.
Under the Convention on the Rights of the Child (CRC), children have the right to be protected from all forms of harm, abuse, exploitation and violence, including in digital spaces. These protections are clearly articulated in Articles 3, 19, 34 and 36 of the CRC, which require states, as well as relevant non-state actors, to take proactive measures to address foreseeable risks to children.
The Child Act 2001 imposes a clear duty on all parties to protect children from physical, emotional and psychological harm, neglect, abuse and exploitation. In today’s digital landscape, this duty extends to online environments where children increasingly learn, communicate and socialise.
Digital platforms that facilitate online interaction are responsile for ensuring that their services are designed, governed and enforced in ways that do not harm children.
OCC emphasises that service providers have a duty of care to ensure that their platforms are safe by design and by default for children. This includes implementing effective age-appropriate safeguards, preventing access to harmful content, addressing risks of online sexual exploitation and abuse, ensuring robust content moderation and providing accessible reporting and remedy mechanisms.
The best interests of the child must guide platform policies, system design and enforcement practices.
The Deeming Provision reinforces the principle that platforms benefiting from user bases in Malaysia must also accept corresponding responsibilities.
OCC supports MCMC’s efforts to ensure that service providers operate within a clear, consistent and enforceable system that upholds children’s rights to safety, dignity, privacy and development.
Protecting children online is not optional but a legal and moral obligation under international human rights law and Malaysia’s domestic child protection framework.
OCC
Suhakam
