TMT 2025

MALAYSIA Trends and Developments Contributed by: Janet Toh, Boo Cheng Xuan and Yee Yong Xuan, Shearn Delamore & Co.

Amendments to the Communications and Multimedia Act 1998 and Malaysian Communications and Multimedia Commission Act 1998 Passed by parliament in December 2024, the Communications and Multimedia (Amendment) Act 2025 came into force on 11 February 2025, except Sections 92 and 112 thereunder. It brings about pivotal changes to the Communications and Multimedia Act 1998 (CMA), focusing on enhancing regulatory oversight, broadening enforcement powers and introducing stricter penalties. Highlights of the amendments to the CMA include the following. • Simplified class licence registration: a new Section 46A enables the Minister to dispense with the formalities of registration under a class licence through a Section 13 declara - tion. • Broadening of the powers of the Malaysian Communications and Multimedia Com - mission (MCMC): under the amended Sec - tions 51, 55 and 104, the MCMC is vested with expanded authority to issue directions regarding compliance with the CMA, establish determinations to promote industry conduct that aligns with the objectives of the CMA, and determine mandatory standards, includ - ing for matters where the MCMC is satisfied that the designated industry forum has not developed a satisfactory voluntary industry code or that the voluntary industry code is likely to fail or has failed, and will continue to fail. • Widening of the MCMC’s powers to gather information and to conduct audits: the new Section 73A grants the MCMC the author - ity to conduct audits on licensees whilst the new Section 73B empowers the MCMC to mandate that licensees appoint independ - ent experts for audits at their own expense.

lic services, and (ii) statutory authorities vested with powers by federal law. The Data Sharing Act 2025 provides, among other things, for the following: • Sharing of data under the control of a pub - lic sector agency with other public sector agency: public sector agencies may request another public sector agency for the shar - ing of data under the control of such other public sector agency by specifying the data requested, the purpose for which the data is requested, the public service agencies intended to be the data recipient and the data provider, and the manner in which the data will be handled. • Establishment and membership of the Nation - al Data Sharing Committee: a “National Data Sharing Committee”, which is responsible to the Cabinet, shall be established. The Nation - al Data Sharing Committee’s responsibilities include formulating policies and strategies related to data sharing, overseeing the effec - tive implementation of the proposed legisla - tion and taking or recommending appropriate steps and administrative actions to resolve difficulties or administrative issues that may arise during the implementation of the pro - posed legislation. • Duties and powers of the Director General of the National Digital Department: the Director General of the National Digital Department is responsible for, among others, implement - ing the policies and strategies relating to data sharing formulated by the National Data Sharing Committee, and co-ordinating and facilitating data sharing under the proposed legislation. The Data Sharing Act 2025 will take effect on a date specified by the Minister of Digital.

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