MALAYSIA Trends and Developments Contributed by: Janet Toh, Boo Cheng Xuan and Yee Yong Xuan, Shearn Delamore & Co.
to report harmful content available on their services. • Duty to make available a mechanism for user assistance: ASPs and CASPs must make available user assistance that is accessible and responsive for users to raise safety con - cerns, obtain information and make inquiries. • Duty to protect online safety of child users: ASPs and CASPs must implement measures specified in the Code to ensure safe use of their services by child users, including block - ing suspected harmful content from child users, limiting adult-child communication, and regulating personalised content recom - mendations. • Duty to establish a mechanism for making priority harmful content inaccessible: ASPs and CASPs must establish a mechanism to make priority harmful content inaccessible to all users. • Duty to prepare an Online Safety Plan: ASPs and CASPs must prepare an Online Safety Plan addressing their compliance with the prescribed duties, ensure it is accessible and regularly updated, and submit a copy to the MCMC. • Reporting harmful content: users of the ser - vices of ASPs or CASPs may report harmful or priority harmful content to ASPs or CASPs, and/or the MCMC. The ASP or CASP (as the case may be) must assess, respond and take appropriate actions, including dismissing frivolous reports or making content inacces - sible. • Action by ASPs and CASPs on their own motion: ASPs and CASPs may also act independently to restrict harmful content if deemed necessary. • Enforcement and MCMC oversight: the MCMC may instruct ASPs and CASPs to make content permanently inaccessible. Non- compliance by the ASP or CASP (as the case
may be) with the written instruction issued by the MCMC is in this regard an offence punish - able by fine. The Online Safety Bill 2024 will now be present - ed for Royal Assent, and once gazetted, it will take effect on a date specified by the Minister of Communications. Amendments to the Penal Code A significant step toward addressing bullying in all its forms was taken with the passing of the Penal Code (Amendment) (No 2) Bill 2024. Passed by the Dewan Rakyat on 10 December 2024, and subsequently by the Dewan Negara on 16 December 2024, the amendments seek to modernise the Penal Code to address bullying comprehensively, including online bullying. The proposed changes introduce specific provisions to combat bullying in any form. The new bully-related offences include using or making any threatening, abusive or insulting words or communication, or engaging in any threatening, abusive or insulting act, and such words, communication or act are heard, seen or otherwise perceived by a person who is likely to feel harassed, distressed, fear or alarmed by such words, communication or act. The Penal Code (Amendment) (No 2) Bill 2024 also makes it an offence to circulate or make available any identity information (ie, any information that identifies or purports to identify a person) with intent to cause harassment, distress, fear or alarm to the victim. The Penal Code (Amendment) (No 2) Bill 2024 will now be presented for Royal Assent. Once gazetted, the amendments will come into effect on a date determined by the Minister.
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