# Communications and Multimedia Act 1998: Regulating Online Speech

> The Communications and Multimedia Act 1998 (Act 588) is the principal legal framework governing Malaysia's communications and multimedia industry, including licensing and online content. Section 233 — 'improper use of network facilities' — is the provision most frequently used against online speech.

- Category: law
- Language: en
- Status: published
- Updated: 2026-08-07
- Canonical: https://negaraku.md/en/law/communications-and-multimedia-act-1998

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A comment on Facebook, a tweet, or a reshared WhatsApp message can become the basis for a criminal prosecution in Malaysia. The legal provision most frequently cited in such situations is neither the Sedition Act nor defamation law, but Section 233 of the Communications and Multimedia Act 1998.

Act 588, as it is officially known, came into force on 1 April 1999 and forms the legal backbone of the country's digital ecosystem. It was enacted in the era of convergence between telecommunications, broadcasting and the Internet, and is administered by the Malaysian Communications and Multimedia Commission (MCMC). This article explains the structure of the Act, its content provisions, and the range of views that exist about it — descriptively and neutrally.

## What does Act 588 regulate?

According to the MCMC, the Act is grounded in the principles of transparency, the promotion of competition, regulatory flexibility, and industry self-regulation. Its jurisdiction covers "networked services and activities" — that is, activities delivered through a network.

A key feature of the Act is its technology-neutral licensing framework. Licensed activities are divided into four categories:

| Category | Example activities |
| --- | --- |
| Network Facilities Provider (NFP) | Towers, fibre-optic cables, satellite earth stations, physical infrastructure |
| Network Service Provider (NSP) | Providing connectivity and network carriage |
| Applications Service Provider (ASP) | Voice, messaging, Internet access services |
| Content Applications Service Provider (CASP) | Broadcasting, online content |

Licences in turn fall into two types: individual licences (stricter, tailored control) and class licences (lighter registration for lower-risk activities).

One frequently cited provision is Section 3(3), which states that nothing in the Act shall be construed as permitting the censorship of the Internet. This guarantee originates from the Multimedia Super Corridor Bill of Guarantees. At the same time, the Act contains content-related provisions — particularly Sections 211 and 233 — and the relationship between this no-censorship guarantee and those content provisions is one of the ongoing topics of debate.

## Why has Section 233 become the focus?

Section 233 is known as the provision on "improper use of network facilities or network services". It contains several branches:

- **Section 233(1)(a):** makes it an offence for a person, by means of network facilities or a network service, to knowingly make, create or solicit the transmission of any communication that is obscene, indecent, false, threatening or offensive in character, with intent to annoy, abuse, threaten or harass another person.
- **Section 233(1)(b):** addresses communications initiated continuously or repeatedly, with or without disclosing identity, with the same intent.
- **Section 233(2):** covers those who permit a network facility to be used for such activity.

As the Act was originally enacted, Section 233(3) provides for a fine not exceeding RM50,000 or imprisonment not exceeding one year or both, together with a further fine of RM1,000 for each day the offence continues after conviction.

This provision is frequently used because of its broad scope: it applies to nearly all forms of online communication. Human rights groups such as ARTICLE 19 and PEN Malaysia have documented its use against journalists, opposition politicians, activists and filmmakers, while the authorities maintain that it is necessary to address fraud, cyber harassment and harmful content.

## How did the 2024 amendments change the landscape?

The Communications and Multimedia (Amendment) Bill 2024 was passed by the Dewan Rakyat on 9 December 2024 — by a bloc vote recorded as 59 in favour, 40 against and one abstention — and by the Dewan Negara on 16 December 2024. According to law-firm notes, amendments passed by Parliament next require royal assent and gazettement, and come into force on a date appointed by the Minister.

Among the reported changes:

- **Increased penalties.** The penalties under Section 233 were raised to a fine of up to RM500,000 or imprisonment of up to two years. For offences involving children under 18, heavier penalties were reported (a fine of up to RM500,000 or imprisonment of up to five years). The precise subsection labelling of these amended provisions should be checked against the gazetted text of the Act.
- **Expanded MCMC powers.** New provisions address the powers of direction, determination and mandatory standards (among them Sections 51, 55 and 104), as well as audit powers (Sections 73A and 73B).
- **Communications data.** New Sections 252A and 252B relate to the preservation and disclosure of communications data.
- **Network security.** A new chapter introduces a certification agency and security requirements.

Separately, a social media licensing regime was introduced. According to law-firm publications, social media and Internet messaging providers with at least eight million users in Malaysia are required to apply for a class licence from the MCMC, with that requirement reported to have come into force on 1 January 2025.

## What is the range of views on the Act?

There are differing views on the balance the Act strikes.

From a regulatory perspective, the government and the MCMC argue that the content provisions and new powers are needed to protect users from online fraud, harmful content, and material that endangers children, as well as to maintain public order.

From a freedom-of-expression perspective, a coalition of civil society groups led by ARTICLE 19 have raised concerns that the amendments increase penalties they describe as already disproportionate, give the MCMC power to determine what content must be removed without independent judicial oversight, and do not repeal Sections 211 and 233, which they claim have been abused.

The issue has also reached the courts. In *Heidy Quah Gaik Li v Government of Malaysia* (Civil Appeal No. B-01(A)-514-10/2023), the Court of Appeal on 10 September 2025 struck down the words "offensive" and "annoy" in Section 233(1)(a) as unconstitutional, relying on Article 10 (freedom of speech) and Article 4(1) of the Federal Constitution. The court held that criminalising speech merely because it is "offensive" or intended to "annoy" goes beyond the restrictions permitted by the Constitution. This ruling narrows the scope of the provision, although other elements remain applicable.

## What's next

Section 233 and Act 588 generally are in a state of flux. The 2024 Amendment Bill was passed by both Houses in December 2024 and comes into force on a date appointed by the Minister through gazettement; the Court of Appeal's ruling in the Heidy Quah case has narrowed part of Section 233(1)(a); and the social media licensing regime is still in its early stages of implementation. Readers seeking to understand the current position should refer to the updated text of the Act on the MCMC portal, monitor the gazettement and commencement status of the amendments as well as any further appeals to the Federal Court, and obtain legal advice for any specific situation. This article is a descriptive overview and not legal advice.

## Sources

- Section 233 – Communications and Multimedia Act 1998 — https://www.msc.com.my/cyberlaws/cma-section-233.html (MSC Malaysia)
- Court of Appeal Reinforces Free Expression in Landmark Section 233 CMA Ruling — https://www.ykwong.com.my/court-insight-court-of-appeal-reinforces-free-expression-in-landmark-section-233-cma-ruling/ (Y Kong, Wong & Partners)
- Key Amendments to the Communications and Multimedia Act 1998 — https://www.zulrafique.com.my/article-sample.php?id=2289 (Zul Rafique & Partners)
- The passing of the CMA Amendments is another step backwards for freedom of expression — https://www.article19.org/resources/malaysia-the-passing-of-the-cma-amendments-is-another-step-backwards-for-freedom-of-expression-joint-statement/ (ARTICLE 19)
- Communications and Multimedia Bill 2024 passed in Dewan Rakyat — https://www.thestar.com.my/news/nation/2024/12/09/communications-and-multimedia-bill-2024-passed-in-dewan-rakyat (The Star)
- Amendments to the Communications and Multimedia Act 1998 Passed by Malaysian Parliament (Update) — https://www.lexology.com/library/detail.aspx?g=0a3fd766-4378-4b5e-af5c-5b406a424c21 (Lexology)
- Communications and Multimedia Act 1998 (CMA) — https://www.mcmc.gov.my/en/legal/acts (Malaysian Communications and Multimedia Commission (MCMC))
- Entry into force of Communications and Multimedia Act 1998 (Act 588) — https://digitalpolicyalert.org/event/20259-entry-into-force-with-grace-period-of-communications-and-multimedia-act-1998-act-588-including-cybersecurity-regulation (Digital Policy Alert)
- MCMC seeks feedback on draft Code of Conduct for messaging and social media providers — https://www.allenandgledhill.com/publication/articles/29429/communications-and-multimedia-commission-seeks-public-feedback-on-draft-code-of-conduct-for-internet-messaging-service-providers-and-social-media-service-providers (Allen & Gledhill)

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