Automatic licensing under MCMC for social media platforms on Jan 1

After a bumpy experience getting service providers to register earlier this year, the government has decided to automatically place all major social media platforms under its licensing scheme, starting Jan 1, 2026.

Under the new regulations, social media platforms with more than eight million users will be deemed licensed under the Application Service Provider (ASP) Class licence, pursuant to the Deeming Provision under Section 46A of the Communications and Multimedia Act 1998.

The regulation will require all affected platforms - including WhatsApp, Telegram, Facebook, Instagram, TikTok and YouTube - to comply with MCMC licensing requirements, regardless of whether they apply voluntarily.

“This step ensures that large-scale service providers offering Internet messaging and social media services to users in Malaysia operate within the country’s legal and regulatory framework in an orderly, consistent and effective manner.

“This approach is also aligned with the licensing framework for internet messaging and social media service providers, enforced on Jan 1, 2025, to strengthen accountability and compliance with Malaysian law," MCMC said in a statement today.

Earlier this year, the government ordered all social media platforms to register for the Application Service Provider (ASP) Class licences under the Communications and Multimedia Act 1998. However, only Telegram, TikTok and WeChat have reportedly completed the process so far.

In January, Communications Minister Fahmi Fadzil said that Meta, which operates Facebook, Instagram and WhatsApp, was still in the process of submitting the necessary documents before obtaining a licence.

The move has faced opposition from global technology companies. In 2024, a coalition of tech giants, including Google, Meta, Amazon and Apple, called on the government to pause the implementation of the licensing regime.

In a letter, the companies which banded together as the Asia Internet Coalition (AIC) said the legislation was "unworkable".

AIC argued that the framework would be impractical for the industry and could hinder innovation by placing undue burdens on businesses, disputing claims that platforms had responded positively to the regulations.

Under the regime, licensed platforms are subject to legal obligations under the Communications and Multimedia Act 1998.

“Failure to comply with these obligations may result in regulatory and legal actions taken against the service providers, including the imposition of fines and financial penalties,” MCMC further stated today.

The commission also clarified that there would be no fixed validity period for deemed registrations, which would remain in effect until cancelled.

Until and unless the deemed registration is cancelled, any party who is deemed under section 46A will be required to comply with the relevant requirements as a class licensee, the MCMC's frequently asked questions (FAQ) document read.

Previously, social media platforms and internet messaging services were exempt from licensing requirements under the Communications and Multimedia (Licensing) (Exemptions) Order 2000.

Compliance requirements

In the FAQ document, MCMC said service providers that are deemed licensed under the Deeming Provision will be required to comply with a range of regulatory obligations, including providing company details and appointing a local representative.

According to the commission, service providers covered under the Deeming Provision must adhere to notices issued by MCMC and submit key information, including details of the company and, for foreign-based operators, the appointment of a local representative in Malaysia in accordance with MCMC requirements.

The appointed local representative will serve as the primary point of contact with the regulator and will be responsible for matters such as escalation channels, acceptance of official documents and ensuring compliance with licensing duties and obligations.

MCMC clarified that foreign service providers are not required to establish a physical office in Malaysia. However, they must appoint a local representative to fulfil regulatory responsibilities under the licensing framework.

Additional compliance requirements will be specified in notices issued by the MCMC, the commission added.

Police welcome move

In a statement welcoming the initiative, Inspector-General of Police Khalid Ismail said that this is the initial step towards strengthening the governance of digital platforms and enhancing online safety in Malaysia.

"The current digital ecosystem requires a more responsive regulatory approach to address threats such as child sexual exploitation crimes, online fraud, the spread of extremist content, and the misuse of digital platforms for unlawful activities.

"This effort forms part of a shared commitment to protecting Malaysia’s future generations and ensuring their safety in the cyber environment," he said.

Khalid said the effort is also an important foundation for safeguarding children and families in an increasingly challenging cyber landscape.

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