Communications and Multimedia Act 1998
COMMUNICATIONS AND MULTIMEDIA ACT 1998
AKTA KOMUNIKASI DAN MULTIMEDIA 1998
Act 588 · consolidated to 1 Jan 2006 · 154 pp
Artistic freedom
This copy of the Act is 20 years old. Any amendment made since 1 January 2006 is not in this text. Check the AGC record for later amendments.
What this does to artists
The statute that governs everything published online in Malaysia. Section 233 (improper use of network facilities: offensive, indecent, obscene or menacing content, and content sent with intent to annoy) is the provision most often used against artists, critics and commentators, and it was amended with heavier penalties in 2024.
Watch this
Section 211 and s.233 are the live risk. Section 3(3) says nothing in the Act shall be construed as permitting censorship of the Internet; read it against s.233 before relying on it. The Content Code made under s.213 is the operative standard for most platforms.
What to read first
Section numbers read out of the AGC text itself
s.233Improper use of network facilities or network service, etc
s.211Prohibition on provision of offensive content
s.126Licensing of network facilities, network services and applications services
s.212Content forum
s.97Applicable voluntary industry code
s.263General duty of licensees
Where this one bites
Scenario
Post a set, reel or performance video
Uploading is reproduction and communication to the public, and then four separate speech regimes sit on top of…
ScenarioTake a brand deal as a creator
Advertising standards reach you personally, and the brand's terms usually take the copyright in what you made.…
ScenarioStopped, raided, shut down or arrested
This is a frightening place to be, and it usually has more give in it than it feels like. Most of these turn o…
ScenarioSomeone used your work without asking
Before anything else, check that you own it. Most of these come apart on ownership rather than on the copying,…
Full arrangement of sections 287 sections · show / hide
Extracted from the AGC PDF on this page.
s.1Short title
s.2Commencement
s.3Objects
s.4Territorial and extra-territorial application
s.5Power of the Minister to exclude certain persons, geographical areas, etc
s.6Interpretation
s.7Direction by the Minister
s.8Variation of a direction
s.9Ministerial Determination
s.10Determination by the Minister
s.11Variation of a determination
s.12Ministerial Declaration
s.13Declaration by the Minister
s.14Modification, variation or revocation of a declaration
s.15Register of declarations Ministerial Regulations
s.16Minister’s power to make regulations
s.17Establishment of the Appeal Tribunal
s.18Matters which the Appeal Tribunal may review
s.19Qualifications of members
s.20Resignation and termination of an appointment
s.21Vacation of office and acting appointments
s.22Quorum for the Appeal Tribunal
s.23Decision
s.23AEnforcement of decision of Appeal Tribunal
s.24Appeal Tribunal procedures
s.24APowers of Appeal Tribunal
s.25Suspension of member
s.26Disclosure of interest
s.26ASecretary of Appeal Tribunal and other officers
s.26BObligation of secrecy
s.26CPublic servants and public officers
s.26DApplication of Public Authorities Protection Act
s.26EAct or omission done in good faith
s.27Application for an individual licence
s.28Further information
s.30Grant of an individual licence
s.31Restriction on the grant of an individual licence
s.32Compliance with the conditions of an individual licence
s.33Modification, variation or revocation of individual licence conditions
s.34Renewal of an individual licence
s.35Surrender of an individual licence
s.36Transfer of an individual licence or change of ownership
s.37Recommendation for the suspension or cancellation of an individual
s.38Suspension or cancellation of an individual licence by the Minister
s.39Effective date of suspension or cancellation of an individual licence
s.40Publication on suspension or cancellation of an individual licence
s.41Effect of suspension, cancellation, surrender or expiry of an individual
s.42Register of individual licences
s.43Rights and obligations attached to an individual licence Class Licence
s.44Minister may grant class licence
s.45Application for registration
s.46Requirement for registration
s.48Cancellation of registration by the Minister
s.49Register of class licences
s.50Register of registration notices
s.51Directions by the Commission
s.52Modification, variation or revocation of a direction by the Commission
s.53Offence for non-compliance with a direction of the Commission
s.54Determination
s.55Determination by the Commission
s.56Modification, variation or revocation of a determination by the Commission
s.57Inquiry
s.58Inquiry by the Commission
s.59Combining two or more inquiries
s.60Conduct of an inquiry
s.61Inquiry shall be public
s.62Exceptions to a public inquiry
s.63Confidential material not to be disclosed
s.64Directions about an inquiry
s.65Report on an inquiry
s.66Protection from civil action
s.67Register of reports Investigation for Purposes of Administration, Inquiry, etc
s.68Investigation by the Commission
s.69Complaints to the Commission
s.70Conduct of investigation
s.71Report on investigation
s.72Publication of reports Information-gathering Powers
s.73Provision of information
s.74Offence for non-compliance
s.75Offence for giving false or misleading information, evidence or document, etc
s.76Proof of compliance
s.77Commission may retain documents
s.78Incorrect record
s.79Record of information
s.80Publication of information
s.81Register of all matters
s.82Disputes
s.83Notification of a dispute
s.84Commission to act only upon notification
s.85Commission may publish guidelines
s.86Commission to decide notified dispute
s.87Decision to be in writing
s.88Register of decisions
s.89Enforcement
s.90Application for the registration of agreements
s.91When the Commission shall register the agreement
s.92Effect of registration
s.93Content of the register of agreements
s.94Industry forum
s.95Code by the industry forum
s.96Commission may determine a voluntary industry code
s.97Applicable voluntary industry code
s.98Compliance with a registered voluntary industry code a legal defence
s.99Directions to comply with a registered voluntary industry code
s.100Civil penalty for non-compliance
s.101Revocation of a code
s.102Submission of new voluntary industry code by an industry forum
s.103Register of current voluntary industry code
s.104Determination of a mandatory standard
s.105Mandatory standard to be consistent
s.106Modification, variation or revocation of a mandatory standard
s.107Mandatory standard to take precedence
s.108Compliance with a mandatory standard a legal defence
s.109Civil penalty for non-compliance
s.110Undertaking by a person
s.111Registration of an undertaking
s.112Rules regarding undertakings
s.113Withdrawal of an undertaking
s.114Replacement of an undertaking
s.115Register of undertakings
s.116Enforcement of an undertaking
s.117Regulatory forbearance
s.118Determination by the Minister
s.119Review by the Commission
s.120Review by the Appeal Tribunal
s.121Judicial review
s.122Review of subsidiary legislation by the Commission
s.123Report to the Minister on industry performance
s.124Matters to monitor and report
s.125Report to be published
s.126Licensing of network facilities, network services and applications services
s.127Compliance with licence conditions
s.128Definition of network boundary
s.129Exemption for applications service provider not subject to a class
s.130Nominated facilities provider
s.131Providers under a class licence shall register
s.132Separate licence General Competition Practices
s.133Prohibition on anticompetitive conduct
s.134Commission may publish guidelines
s.135Prohibition on entering into collusive agreements
s.136Prohibition on tying or linking arrangements
s.137Determination of dominant licensee
s.138Guidelines as to the meaning of “dominant position”
s.139Commission may direct a licensee in a dominant position
s.140Authorization of a conduct
s.141Register of authorizations
s.142Remedies for non-compliance
s.143Penalty for offence
s.144Minister may make rules Access to Services
s.145Facilities and services which may be included in the access list
s.146Determination of facilities and services by the Commission
s.147Recommendation by access forum
s.148Register of access list
s.149Standard access obligations for facilities and services
s.150Registration of access agreements
s.151Notification of access disputes
s.152Access forum
s.153Access code
s.154Registration of the access code
s.155Industry access undertakings
s.156Registration of an undertaking
s.157Prohibition on using spectrum without assignment
s.158Power of the Minister to make regulations
s.159Issue of spectrum assignment
s.160Spectrum assignment to comply with spectrum plan
s.161Reissue of spectrum assignment
s.162Third party transfers
s.163Transfer rules
s.164Issue of apparatus assignment
s.165Apparatus assignment to comply with spectrum plan
s.166Situation where apparatus assignment shall not be issued
s.167Third party authorization
s.168Maximum term for an apparatus assignment
s.169Class assignment
s.170Class assignment to comply with spectrum plan
s.171Situation where class assignment shall not be issued
s.172Spectrum plan
s.173Contents of spectrum plan
s.174Preferential rights
s.175Dispute about interference
s.176Minister may determine spectrum for spectrum assignment
s.177Spectrum plan to include procedures for spectrum assignment and apparatus assignment
s.178Compulsory acquisition of assignments in determined spectrum Numbering and Electronic Addressing
s.179Control, planning and administration of numbering and electronic addressing
s.180Numbering and electronic addressing plan
s.181Management or maintenance of an integrated public number or electronic address database Technical Standards
s.182Hindering interoperability an offence
s.183Compromising public safety an offence
s.184Technical standards forum
s.185Matters for technical code
s.186Certifying agencies
s.187Exemption from offence provisions
s.188Provision of network service or applications service
s.189Consumer forum
s.190Matters for consumer code
s.191Publication of consumer code Required Applications Services
s.192Required applications services
s.193Minister’s direction to provide required applications services
s.194Direction may specify operational details Resolution of Consumer Disputes
s.195Disputes between consumers and licensees
s.196Procedures for consumer complaints Rate Regulation
s.197Rate setting by providers
s.198Principles on rate setting
s.199Rate setting by the Minister
s.200Power of the Minister to determine persons or areas for special rates
s.201Rules regarding rates Universal Service Provision
s.202System of universal service provision
s.203Definition of “underserved areas” and “underserved groups within the community”, etc
s.204Universal Service Provision Fund
s.205Prohibition on the provision of content applications service
s.206Compliance with licence conditions
s.207Closed content applications service
s.208Exemptions for incidental content
s.209Limited content applications service
s.210Opinion on category of service Content Requirements
s.211Prohibition on provision of offensive content
s.212Content forum
s.213Content code
s.214Inspection of land
s.215Installation of network facilities
s.216Minimal damage
s.217Network facilities provider to restore land
s.218Management of activity
s.219Agreement with public utility
s.220Conditions to which a network facilities installation permit is subject
s.221Notice to owner of land
s.222Notice to owner of land for lopping of trees, etc
s.223Notice to road authority, public utility, etc
s.224Road, etc., to remain open for passage
s.225Network facilities installation permit
s.226Criteria for issue of network facilities installation permit
s.227Network facilities installation permit has effect subject to this Act and other laws
s.228Access to post, network facilities or right-of-way
s.229Commission to regulate matters on access to post, etc
s.230Minister may make regulations Additional Offences and Penalties
s.231Offence if use apparatus or device without authority
s.232Fraudulent use of network facilities, network services, etc
s.233Improper use of network facilities or network service, etc
s.234Interception and disclosure of communications prohibited
s.235Damage to network facilities, etc
s.236Fraud and related activity in connection with access devices, etc
s.237Prohibition on call back service
s.238Emission from non-standard equipment or device
s.239Unlawful use, possession or supply of non-standard equipment or device
s.240Offence for distributing or advertising any communications equipment or device for interception of communication
s.241Offence for giving false and misleading statement
s.242General offence and penalty
s.243Compounding of offences
s.244Offences by body corporate Powers of Entry, Investigation into Offences and Prosecution
s.245Authorized officer
s.246Power to investigate
s.247Search by warrant
s.248Search and seizure without warrant
s.249Access to computerized data
s.250List of things seized
s.251Release of things seized
s.252Power to intercept communications
s.253Obstruction to search
s.254Additional powers
s.255Power to require attendance of person acquainted with case
s.256Examination of person acquainted with case
s.257Admissibility of statements in evidence
s.258Authorized officer to complete investigation and hand over to police
s.259Prosecution
s.260Forfeiture
s.261Jurisdiction to try offences
s.262Rewards National Interest Matters
s.263General duty of licensees
s.264Persons not liable for act done in good faith
s.265Network interception capability
s.266Special powers in emergency
s.267Disaster plan Miscellaneous
s.268Minister may make rules on record-keeping
s.269Interworking with other authorities
s.270Instruments granted under this Act
s.271This Act prevails over other Acts
s.272Protection of officers and other persons
s.273Repeal
s.274Dissolution of the Telecommunications Fund
s.275Savings Transitional Provisions for Licences
s.276Old licences to have effect
s.277New class licences to supersede old licences
s.278Old licences shall be registered
s.279A registered licence shall confer no new benefit
s.280Old licensees shall indicate intention
s.281Registered licensee may apply for an individual licence under this Act
s.282Determination of listed facilities and services
Subsidiary legislation
Malaysian Communications and Multimedia Content CodeMalaysian Communications and Multimedia Content Code
Read the law
Source of record · lom.agc.gov.my/act-detail.php?act=588&lang=BI
Who this reaches
Digital & mediaContent creationMusicFilm & TVLiterature, writing & publishingVisual arts
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