On December 12, 2024, Bill D.R. 59/2024, the Online Safety Bill, passed its second reading in the House of Representatives, following its first reading on December 10, 2024.

What is the purpose of the bill?

The bill intends to enhance and promote online safety in Malaysia by regulating harmful content and providing duties and obligations for applications service providers, content applications service providers, and network service providers, as well as providing for related matters.

Who does the bill apply to?

The bill applies to:

• any applications service that utilizes internet access service enabling communication between users;
• any content applications service that utilizes internet access service to provide content; and
• any network service.

The bill also applies outside of Malaysia for entities providing any applications service, content applications service, or network service in a place within Malaysia and is a licensee under the Communications and Multimedia Act.

Exceptions

The bill does not apply to 'private messaging features' of any applications, defined as a feature that allows a user to communicate content to a specific and limited number of recipients determined by the user and may contain any other characteristics as may be prescribed.

What are the main provisions of the bill?

The bill provides for:

• the establishment of an Online Safety Committee tasked with advising and giving recommendations to the Malaysian Communications and Multimedia Commission (MCMC) on matters relating to online safety;
• obligations for service providers, such as:
  • implementing measures to mitigate the risk of exposure to harmful content;
  • issuing guidelines to users and enabling users to manage their online safety to prevent or limit other users from identifying, locating, or communicating with them on applications;
  • making available mechanisms for reporting harmful content and for user assistance;
  • protecting the online safety of child users, including to ensure safe design and operation of the service;
  • establishing a mechanism for making priority harmful content inaccessible;
  • preparing an Online Safety Plan; and
  • reporting harmful content to the MCMC; and 
• monetary penalties for non-compliance with the bill.

The bill also provides the MCMC with investigative powers to gather information on possible violations of the bill and to issue guidelines.

You can read the bill here and track its progress here.