MALAYSIA Law and Practice Contributed by: Janet Toh, Irene Yong, Krystle Lui and Boo Cheng Xuan, Shearn Delamore & Co.
tent applications services, defined to mean a content applications service which is delivered by means of the internet, is exempted from such licensing requirements. Therefore, the provision of audiovisual media services online, such as through video stream - ing platforms, will generally not be subject to the CMA requirement for licence. Note, however, that where such services allow the sharing of user-generated contents, it is nevertheless pos - sible for the provision of such services to require a licence, if such services also fall within the scope of social media services, as discussed under 10. Social Media . Content The regulation of content from the perspective of the CMA and the Content Code has been addressed in 1. Digital Economy . Specifically for audiovisual media services, the sections within the Content Code on online contents and broad - casting will also be of relevance. For instance, where a service provider allows user-generated content to be shared, but has neither control over the composition of such content nor any knowledge of such content, the Content Code considers such service provider an innocent carrier who is not responsible for the content provided. Nonetheless, this has to also be con - sidered in light of the Federal Court’s decision in Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd & Anor [2021] 3 CLJ 603. Specifically for broadcasting, the Content Code recognises that viewers need adequate infor - mation about content to make informed view - ing choices based on their personal tastes and standards. The Content Code recommends that broadcasters provide an indication as to the type of content shown by adopting the classifications
issued by the Film Censorship Board and any amendments thereto from time to time. Other areas of law may also regulate contents provided through audiovisual media services. For example, film censorship is regulated by the Film Censorship Act 2002 and prohibits, among others, film or film-publicity material which is obscene or is otherwise against public decency. Audio recordings, or anything which by its form, shape or in any manner is capable of suggest - ing words or ideas (which presumably include videos), may also be gazetted as prohibited pub - lication under the Printing Presses and Publica - tions Act 1984. The production, distribution and exhibition of films are also subject to the Per - badanan Kemajuan Filem Nasional Malaysia Act 1981, which establishes the National Film Devel - opment Corporation Malaysia to spearhead the development of the Malaysian film industry. Separately, seditious contents are prohibited by the Sedition Act 1948. The primary legislation governing the telecom - munications industry in Malaysia is the CMA. Both the CMA and the Licensing Regulations establish the licensing framework for the sector and regulate areas such as spectrum allocation, consumer protection, content regulation, com - petition and investigatory powers. Licensing As discussed in 2. Cloud and Edge Computing , there are four categories of licensable activities under the CMA, namely the provision of network facilities, network services, applications services and content applications services. 6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements
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