Overview
The Communications and Multimedia Act 1998 (CMA) is the cornerstone of Malaysia's digital regulatory framework. Enacted as part of the broader MSC Malaysia cyber laws initiative, the CMA replaced the outdated Telecommunications Act 1950 and the Broadcasting Act 1988 with a single, technology-neutral piece of legislation designed for the converging digital age.
The Act establishes the Malaysian Communications and Multimedia Commission (MCMC) as the primary regulator for the communications and multimedia industry in Malaysia, and sets out a comprehensive licensing and compliance framework for all operators and service providers in the sector.
No Internet Censorship — MSC Malaysia's Core Guarantee
Section 3(3) of the CMA states: "Nothing in this Act shall be construed as permitting the censorship of the Internet." This provision reflects MSC Malaysia's Bill of Guarantees commitment to maintaining a free and open internet, and remains one of the most cited provisions in Malaysian digital rights discourse.
Structure and Key Parts
The CMA is divided into several major parts, each addressing a distinct aspect of the communications and multimedia regulatory framework in Malaysia.
Preliminary
Definitions, objectives of the Act, and the foundational principle that the Act does not permit censorship of the Internet (Section 3).
Licensing Framework
The four-tier licensing regime: Network Facilities Provider (NFP), Network Services Provider (NSP), Applications Service Provider (ASP), and Content Applications Service Provider (CASP).
Access and Interconnection
Obligations relating to access and interconnection between operators, promoting competition and interoperability in the communications industry.
Content Standards
Provisions relating to content standards and prohibitions, including the Content Forum and the Content Code for the Malaysian communications industry.
Prohibition on Offensive Content
Prohibits the provision of content which is indecent, obscene, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass any person.
Improper Use of Network Facilities — Full Reference →
The most frequently cited and debated provision of the CMA. Prohibits the improper use of network facilities or services to transmit content that is obscene, indecent, false, menacing or offensive. Has been applied in several landmark cases relating to online speech in Malaysia.
The MCMC and Regulatory Functions
The Malaysian Communications and Multimedia Commission (MCMC) was established under the Communications and Multimedia Commission Act 1998, which was enacted alongside the CMA as part of the same MSC Malaysia legislative package.
The MCMC's principal functions under the CMA include issuing and managing licences, monitoring compliance, investigating complaints, and enforcing the provisions of the Act. The Commission also administers the Universal Service Provision fund to ensure equitable access to communications services across Malaysia.
Section 233 — Improper Use Provisions
Section 233 of the CMA has been the subject of significant public and legal debate in Malaysia, particularly in the context of online speech, social media regulation, and the limits of free expression in the digital environment.
The section makes it an offence to transmit content that is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass. The broad drafting of this provision has been criticised by civil liberties organisations as giving authorities wide discretion in prosecuting online speech.
Several prominent cases in Malaysia have involved prosecutions under Section 233, making it one of the most referenced provisions in the country's digital rights and media freedom discussions.
For a detailed analysis of Section 233, see the CMA Section 233 reference page.
Official Text of the Act
The authoritative text of the Communications and Multimedia Act 1998 (Act 588) and all amendments thereto are maintained by the Attorney General's Chambers of Malaysia at www.agc.gov.my. For legal proceedings or compliance purposes, always refer to the official gazetted text.
Relation to MSC Malaysia's Bill of Guarantees
The CMA was enacted in the same year as the MSC Malaysia programme was gaining full momentum. The no-censorship provision in Section 3(3) directly reflects MSC Malaysia's Bill of Guarantees, which committed the Malaysian government to maintaining a free and open internet as a condition for attracting foreign technology investment to the Multimedia Super Corridor.
This guarantee distinguished Malaysia from many of its regional peers and was a significant factor in the MSC's success in attracting major international technology companies to establish operations in Malaysia during the late 1990s and early 2000s.