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This Week in AsiaOpinion

Asian AngleWhy Malaysia’s new social media licences are disconcerting

Industry players and users worry about the new social media licensing framework’s potential impact on freedom of expression and fairness

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A smartphone showing social media apps including Facebook, Instagram, X, TikTok and Snapchat. Photo: Shutterstock
Nuurrianti Jalli
The new social media licensing framework that Malaysia implemented on January 1 via legal amendments marks a significant regulatory shift in the country’s digital landscape. This initiative mandates that social media platforms with more than 8 million users in Malaysia obtain an Applications Service Provider Class Licence. The government views this move as necessary to curb harmful online content, safeguard user privacy and hold platforms accountable for the material they host.

Previously, social media and internet-messaging providers were exempt from licensing requirements under the Communications and Multimedia (Licensing) (Exemption) Order 2000. This new framework, in mandating licences for platforms that meet the user threshold, signals a departure from that hands-off approach. While the licensing goals appear to promote proactive digital governance, the framework has sparked debate over its potential impact on freedom of expression, fairness and feasibility of implementation.

The feeble parliamentary vote of December 9, which saw 59 MPs supporting the legislative amendment, 40 opposing, and one abstaining – with 122 MPs absent from the Dewan Rakyat – underscored the contentious nature of the policy and reflected divisions even within the ruling coalition.

The Malaysian Communications and Multimedia Commission (MCMC), which is responsible for implementing the policy, has stressed that platform self-regulation has been inadequate in mitigating rising digital threats in Malaysia. For instance, during the 2022 general election, racially charged content spread widely across social media, posing significant challenges in a diverse society like Malaysia.

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