MALAYSIA Trends and Developments Contributed by: Janet Toh, Boo Cheng Xuan and Yee Yong Xuan, Shearn Delamore & Co.
The new Section 252A introduces obligations for preserving communications data where a police officer or an authorised officer is satisfied that (i) the communications data is reasonably required for an investigation, and (ii) there is a risk that the communications data may be destroyed or rendered inaccessi - ble. The new Section 252B on the other hand allows a police officer or an authorised officer to issue a written notice requiring the person in control of the communications system to disclose the required communications data where it is deemed reasonably necessary for investigating offences under the CMA or its subsidiary legislation. • Network security measures: the new Section 230A allows the MCMC to register certify - ing agencies for certifying compliance with regulations or standards in relation to net - work security. The new Section 230B grants the MCMC authority to instruct any person to take the necessary measures to prevent, detect or counter any network security risk. • Changes to access agreement registra - tion requirements: the existing registration requirements under Sections 90 to 93 will be replaced by a lodgement system for access agreements under the amended Section 150. This amendment shifts the responsibility to the parties of the access agreement to ensure compliance with the CMA. • Restrictions on harmful content and spam: the amendments aim to strengthen regula - tions concerning harmful content and spam. In Sections 211 and 233, the term “offensive” is replaced with “grossly offensive.” Expla - nations have been added to Section 233 to provide clearer guidelines on the types of content that are prohibited. Section 233 now explicitly covers actions involving fraud or dishonesty against any person. The new Sec -
tion 233A prohibits the sending of unsolicited commercial electronic messages. • Suspension of content applications service: a new Section 211A empowers the MCMC to suspend services provided by a content applications service provider for non-compli - ance with Chapter 2 of Part IX of the CMA or for breaching conditions of its individual or class licence relating to content. • Private action for network and fraud damag - es: Section 236A introduces a right of private action for damage caused to network facili - ties or fraud involving access devices. • Increased penalties: penalties for various offences, including non-compliance with mandatory standards (Section 105), improper network use (Section 233) and unlicensed operations (Sections 126 and 206), have been increased. Separately, the Malaysian Communications and Multimedia Commission (Amendment) Bill 2024, which was tabled for its first reading on 2 December 2024, remains pending further devel - opment. Introduction of Online Safety Bill 2024 The Online Safety Bill 2024 marks a significant step in Malaysia’s journey toward a safer online environment. Passed by the Dewan Rakyat on 11 December 2024, and subsequently by the Dewan Negara on 16 December 2024, this pro - posed legislation is designed to regulate harmful content and establish clear duties for applica - tions service providers (ASPs), content applica - tions service providers (CASPs) and network service providers. The Online Safety Bill 2024 governs: • any applications service which utilises inter - net access service that enables communica - tion between users;
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