Malaysia is taking a significant step towards strengthening its digital regulatory framework with the tabling of amendments to the Communications and Multimedia Act 1998 (CMA), also known as Act 588. Communications Minister Fahmi Fadzil introduced the Bill, aiming to address modern challenges such as online gambling, scams, cyberbullying, and crimes against children. This marks the first proposal for amending the Act since its inception 26 years ago.
Scope of proposed bill
The proposed Bill covers an expansive range of issues, reflecting the growing complexity of digital threats. From curbing online gambling and scams to addressing cyberbullying and sexual crimes against children, the amendments aim to provide robust solutions to safeguard Malaysians in cyberspace.
The term “grossly offensive” replaces “offensive” under Section 233, refining the scope of what constitutes a violation. This change is intended to clarify legal standards and enforce them more effectively.
Key highlights of proposed amendments
The Malaysian Communications and Multimedia Commission (MCMC) will see its authority extended to enforce mandatory standards, conduct audits, and issue directives for network and content providers. These changes are critical to ensuring compliance across the digital ecosystem. New provisions empower the MCMC to address network security risks. This includes promoting industry regulation and introducing voluntary industry codes to enhance digital infrastructure resilience.
The Bill explicitly targets commercial spamming, making it a punishable offence. By doing so, it aims to reduce the nuisance of unsolicited advertisements that clog communication channels. Online gambling platforms often operate in legal grey areas, bypassing regulatory oversight. Similarly, scams have become increasingly sophisticated, preying on unsuspecting victims.
The rise of cyberbullying and online sexual exploitation of minors necessitates stronger legal protections. The proposed changes impose harsher penalties, including fines of up to RM1 million and jail terms of up to 10 years, to deter such crimes. The amendments provide the MCMC with tools to crack down on these activities effectively, including suspending non-compliant service providers and enabling civil suits against fraudsters. Victims can now seek damages through civil suits, irrespective of whether the perpetrator faces criminal charges. This shift ensures better redressal mechanisms for those affected by online scams.
The proposed amendments to the Communications and Multimedia Act are a long-overdue update, designed to tackle modern digital challenges head-on. By enhancing the MCMC’s regulatory powers, introducing stricter penalties, and providing new protections for victims, the Bill seeks to create a safer and fairer digital space for all Malaysians.
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