AKTA KESELAMATAN DALAM TALIAN 2025

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Online Safety 1 Act 866 Laws of Malaysia 2 Act 866 Date of Royal Assent ... ... 6 May 2025 Date of publication in the ... ... 22 May 2025 Gazette Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Online Safety 3 Act 866 ARRANGEMENT OF SECTIONS

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PRELIMINARY Section

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1. Short title and commencement

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2. Application

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3. Territorial and extra-territorial application

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4. Interpretation

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ONLINE SAFETY COMMITTEE

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5. Establishment of Committee

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6. Allowances for members of Committee

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7. Revocation of appointment and resignation of members of Committee

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8. Vacation of office of members of Committee

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9. Temporary exercise of functions of Chairman

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10. Functions of Committee

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11. Meetings of Committee

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12. Committee may invite others to attend meetings

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DUTIES OF LICENSED APPLICATIONS SERVICE PROVIDER AND LICENSED CONTENT APPLICATIONS SERVICE PROVIDER

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13. Duty to implement measures to mitigate risk of exposure to harmful content

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14. Duty to issue guidelines to user

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15. Duty to enable user to manage online safety

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16. Duty to make available mechanism for reporting harmful content Laws of Malaysia 4 Act 866

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17. Duty to make available mechanism for user assistance

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18. Duty to protect online safety of child user

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19. Duty to establish mechanism for making priority harmful content inaccessible

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20. Duty to prepare Online Safety Plan

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REPORTING OF HARMFUL CONTENT

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21. Report to licensed applications service provider and licensed content applications service provider

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22. Report to licensed applications service provider and licensed content applications service provider on priority harmful content

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23. Report to licensed applications service provider and licensed content applications service provider on harmful content

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24. Report to Commission

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25. Report to Commission on harmful content

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26. Action by licensed applications service provider or licensed content applications service provider on its own motion

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27. Commission may issue written instruction to make content accessible

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28. Inconsistency between action by licensed applications service provider or licensed content applications service provider and written instruction or determination of Commission

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29. Notification to user on report to enforcement agency

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POWERS OF THE COMMISSION

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30. Power to issue directions

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31. Register of directions

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32. Power to gather information

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33. Proof of compliance

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34. Commission may retain document

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35. Powers of Commission shall be in addition to powers under Communications and Multimedia Act 1998 and Malaysian Communications and Multimedia Commission Act 1998 Section Online Safety 5

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UNDERTAKING AND NOTICE OF NON-COMPLIANCE Section

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36. Undertaking by licensed applications service provider and licensed content applications service provider

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37. Notice of non-compliance

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38. Review by Commission

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39. Financial penalty for non-compliance of duties

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ONLINE SAFETY APPEAL TRIBUNAL

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40. Establishment of Online Safety Appeal Tribunal

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41. Appeal to Online Safety Appeal Tribunal

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42. Revocation of appointment and resignation of members of Online Safety Appeal Tribunal

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43. Vacation of office of members of Online Safety Appeal Tribunal

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44. Allowances for members of Online Safety Appeal Tribunal

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45. Quorum of Online Safety Appeal Tribunal

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46. Decision of Online Safety Appeal Tribunal

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47. Enforcement of decision of Online Safety Appeal Tribunal

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48. Powers of Online Safety Appeal Tribunal

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49. Suspension of members of Online Safety Appeal Tribunal

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50. Disclosure of interest

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51. Secretary to Online Safety Appeal Tribunal

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ENFORCEMENT

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52. Authorization of public officer or officer of Commission

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53. Power to investigate

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54. Search and seizure with warrant

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55. Search and seizure without warrant Laws of Malaysia 6 Act 866

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56. Warrant admissible notwithstanding defect

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57. Access to computerized data

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58. List of thing seized

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59. Release of thing seized

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60. Preservation of communications data

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61. Disclosure of stored communications data

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62. Obstruction

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63. Additional power

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64. Power to require attendance of person acquainted with case

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65. Examination of person acquainted with case

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66. Admissibility of statement in evidence

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67. Forfeiture

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68. Jurisdiction to try offence

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MISCELLANEOUS

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69. Interworking with other authority

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70. Judicial review

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71. Power to exempt

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72. Prosecution

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73. Liability of director, etc., of company, etc.

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74. Compounding of offence

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75. Obligation of secrecy

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76. Public servant

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77. Application of Public Authorities Protection Act 1948

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78. Act or omission done in good faith

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79. Protection of officer and other person

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80. Power to issue guidelines and code

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81. Power to make regulations

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82. Power to amend First Schedule and Second Schedule Section Online Safety 7 Section

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83. Power to specify form and manner of submission

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84. Service or notification of written instruction, etc. First Schedule Second Schedule Laws of Malaysia 8 Act 866 Online Safety 9 Act 866

Preamble

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Preamble

An Act to enhance and promote online safety in Malaysia by regulating harmful content and providing for duties and obligations of the applications service providers, content applications service providers and network service providers, and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows:

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PRELIMINARY Short title and commencement

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1. (1) This Act may be cited as the Online Safety Act 2025.

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(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Application

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2. (1) Subject to subsection (2), this Act shall apply to—

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(a) any applications service which utilizes internet access service that enables communications between users; Laws of Malaysia 10 Act 866

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(b) any content applications service which utilizes internet access service to provide content; and

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(c) any network service.

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(2) This Act shall not apply to a private messaging feature of any applications service and content applications service.

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(3) For the purposes of subsection (2), “private messaging feature” means a feature that allows a user to communicate a content to a specific and limited number of recipients determined by the user and may contain any other characteristics as may be prescribed. Territorial and extra-territorial application

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3. (1) This Act shall apply within and outside Malaysia.

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(2) Notwithstanding subsection (1), this Act shall apply to any person beyond the geographical limits of Malaysia and the territorial waters of Malaysia if such person provides any applications service, content applications service or network service in a place within Malaysia and is a licensee under the Communications and Multimedia Act 1998 [Act 588].

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(3) For the purposes of this section, “place” means a point of any nature or description whether on land, in the atmosphere, in outer space, underground, underwater, at sea or anywhere else.

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(4) For the purposes of this section, a place that is—

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(a) in or below the stratosphere; and

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(b) above the geographical limits of Malaysia and her territorial waters, is taken to be a place within the geographical limits of Malaysia and her territorial waters. Online Safety 11 Interpretation

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4. In this Act, unless the context otherwise requires— “this Act” includes any subsidiary legislation made under this Act; “communications data” has the meaning assigned to it in the Communications and Multimedia Act 1998; “prescribed” means prescribed by the Minister by regulations made under this Act; “Committee” means the Online Safety Committee established under section 5; “child” means a person who is under the age of eighteen years; “content” has the meaning assigned to it in the Communications and Multimedia Act 1998; “harmful content” means any of the contents as specified in the First Schedule; “priority harmful content” means the harmful content as specified in the Second Schedule; “code” means a code issued by the Commission under section 80; “Minister” means the Minister charged with the responsibility for communications; “authorized officer” means any police officer, or any public officer or officer of the Commission authorized in writing by the Minister under section 52; “licensed applications service provider” means an applications service provider licensed under the Communications and Multimedia Act 1998; Laws of Malaysia 12 Act 866 “licensed content applications service provider” means a content applications service provider licensed under the Communications and Multimedia Act 1998; “licensed network service provider” means a network service provider licensed under the Communications and Multimedia Act 1998; “user” means—

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(a) a user of the applications service provided by a licensed applications service provider; or

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(b) a user of the content applications service provided by a licensed content applications service provider; “applications service” has the meaning assigned to it in the Communications and Multimedia Act 1998; “content applications service” has the meaning assigned to it in the Communications and Multimedia Act 1998; “network service” has the meaning assigned to it in the Communications and Multimedia Act 1998; “communications system” has the meaning assigned to it in the Communications and Multimedia Act 1998; “Commission” means the Malaysian Communications and Multimedia Commission established under section 4 of the Malaysian Communications and Multimedia Commission Act 1998 [Act 589].

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ONLINE SAFETY COMMITTEE Establishment of Committee

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5. (1) A committee by the name of “Online Safety Committee” is established. Online Safety 13

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(2) The Committee shall consist of the following members:

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(a) a Chairman and Deputy Chairman;

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(b) one representative from the Ministry charged with the responsibility for communications;

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(c) one representative from the Ministry charged with the responsibility for home affairs;

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(d) one representative from the Ministry charged with the responsibility for digital related matters;

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(e) one representative from the Ministry charged with the responsibility for education;

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(f) one representative from the Ministry charged with the responsibility for women, family and community development;

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(g) one representative from the Royal Malaysia Police;

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(h) one representative from the National Security Council;

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(i) the Chief Children Commissioner or his representative from amongst the Children Commissioners;

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(j) one representative each from amongst the licensed applications service providers, licensed content applications service providers and licensed network service providers;

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(k) one representative from amongst persons with disabilities; and

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(l) not more than five persons with appropriate experience, knowledge or expertise in matters relating to online safety.

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(3) The members of the Committee referred to in paragraphs (2)(a), (j), (k) and (l) shall be appointed by the Minister. Laws of Malaysia 14 Act 866

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(4) The members of the Committee appointed under paragraphs (2)(a), (j), (k) and (l) shall hold office for a term not exceeding three years and shall be eligible for reappointment upon expiry of their term of office for a term not exceeding three years.

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(5) For the purposes of paragraph (2)(i), the “Chief Children Commissioner” and “Children Commissioner” mean the Chief Children Commissioner and the Children Commissioner designated under section 6a of the Human Rights Commission of Malaysia Act 1999 [Act 597].

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(6) For the purposes of this Part, “Minister” means the Minister charged with the responsibility for law. Allowances for members of Committee

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6. The members of the Committee shall be paid such allowances as the Minister may determine after consultation with the Minister of Finance. Revocation of appointment and resignation of members of Committee

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7. (1) The Minister may at any time revoke the appointment of any member of the Committee referred to in paragraphs 5(2)(a), (j), (k) and (l) without assigning any reason.

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(2) A member of the Committee referred to in paragraphs 5(2)(a), (j), (k) and (l) may, at any time, resign from his appointment by giving a notice in writing to the Minister. Vacation of office of members of Committee

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8. The office of a member of the Committee referred to in paragraphs 5(2)(a), (j), (k) and (l) shall be vacated—

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(a) if he dies; Online Safety 15

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(b) if there has been proved against him, or he has been convicted on, a charge in respect of—

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(i) an offence involving fraud, dishonesty or moral turpitude;

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(ii) an offence under any law relating to corruption; or

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(iii) any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine, for more than two years;

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(c) if his conduct, whether in connection with his duties as a member of the Committee or otherwise, has been such as to bring discredit on the Committee;

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(d) if he becomes a bankrupt or insolvent;

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(e) if he becomes of unsound mind or is otherwise incapable of discharging his duties;

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(f) in the case of the Chairman, if he absents himself from three consecutive meetings of the Committee without leave in writing of the Minister;

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(g) in the case of a member of the Committee other than the Chairman, if he absents himself from three consecutive meetings of the Committee without leave in writing of the Chairman;

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(h) if his appointment has been revoked by the Minister; or

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(i) if his resignation has been accepted by the Minister. Temporary exercise of functions of Chairman

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9. (1) The Deputy Chairman shall act as the Chairman for the period when—

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(a) the office of the Chairman is vacant; Laws of Malaysia 16 Act 866

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(b) the Chairman is absent from duty or from Malaysia; or

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(c) the Chairman is, for any other reason, unable to carry out his functions.

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(2) The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman. Functions of Committee

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10. (1) The Committee shall have the functions to advise and give recommendations to the Commission on matters relating to online safety including—

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(a) the determination of types of harmful content;

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(b) the determination of priority harmful content;

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(c) methods to analyze and measures to mitigate, the risk of users being exposed to harmful content;

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(d) research approach pertaining to harmful content; and

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(e) best practices to encourage accountability of the licensed applications service provider, licensed content applications service provider and licensed network service provider.

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(2) The Committee shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions under this Act. Meetings of Committee

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11. (1) The Committee shall convene its meeting as often as the Chairman may determine and the meeting shall be held at the time and place as determined by the Chairman.

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(2) The Chairman shall preside at all meetings of the Committee.

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(3) If the Chairman is absent from any meeting of the Committee, he may direct the Deputy Chairman to replace him as the chairman of the meeting. Online Safety 17

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(4) The quorum of the Committee shall be seven and shall consist of at least one member appointed under paragraph 5(2)(j) and one member appointed under paragraph 5(2)(l).

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(5) The Chairman may authorize the use of a live video link, live television link or any other electronic means of communication for the purposes of any meeting of the Committee.

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(6) The Committee may determine its own procedure. Committee may invite others to attend meetings

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12. The Committee may invite any person to attend meetings of the Committee to provide opinion to the Committee on any matter under discussion.

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DUTIES OF LICENSED APPLICATIONS SERVICE PROVIDER AND LICENSED CONTENT APPLICATIONS SERVICE PROVIDER Duty to implement measures to mitigate risk of exposure to harmful content

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13. (1) A licensed applications service provider and licensed content applications service provider shall implement the measures as specified in the code to mitigate the risk of users being exposed to harmful content.

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(2) Notwithstanding subsection (1), the licensed applications service provider or licensed content applications service provider may implement any alternative measures other than the measures specified in the code if the licensed applications service provider or licensed content applications service provider proves to the satisfaction of the Commission that the alternative measures will better mitigate the risk of users being exposed to harmful content.

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(3) The measures implemented under this section shall not unreasonably or disproportionately limit a user’s expression. Laws of Malaysia 18 Act 866 Duty to issue guidelines to user

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14. (1) A licensed applications service provider and licensed content applications service provider shall issue guidelines to users which shall include—

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(a) a description of measures implemented by the licensed applications service provider and licensed content applications service provider under section 13; and

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(b) terms of use as a guide to users when using the service of the licensed applications service provider and licensed content applications service provider.

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(2) The licensed applications service provider and licensed content applications service provider shall make available on their services the guidelines issued under subsection (1) and ensure that the guidelines are clear, easily accessible and understood, and regularly updated. Duty to enable user to manage online safety

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15. (1) A licensed applications service provider and licensed content applications service provider shall make available on their services sufficient tools and settings to enable users to manage their online safety.

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(2) The tools and settings referred to in subsection (1) shall include the tools for the users to prevent or limit other users from identifying, locating or communicating with them on the services of the licensed applications service provider and licensed content applications service provider. Duty to make available mechanism for reporting harmful content

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16. A licensed applications service provider and licensed content applications service provider shall make available on their services a mechanism that enable users to make a report to the licensed applications service provider or licensed content applications service provider regarding any content that the users believe is a harmful content available on the service of the licensed applications service provider or licensed content applications service provider. Online Safety 19 Duty to make available mechanism for user assistance

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17. (1) A licensed applications service provider and licensed content applications service provider shall make available on their services a mechanism for user assistance which is easily accessible to all types of users and responsive at all times.

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(2) The mechanism for user assistance referred to in subsection (1) shall be, among others, for the following purposes:

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(a) for the users to raise their concerns with respect to online safety, including measures implemented by the licensed applications service provider and licensed content applications service provider under section 13;

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(b) for the users to obtain any other information on the mechanisms with respect to online safety available on the services of the licensed applications service provider and licensed content applications service provider within the period as may be prescribed; and

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(c) for the users to make any inquiry. Duty to protect online safety of child user

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18. (1) A licensed applications service provider and licensed content applications service provider shall implement the measures as specified in the code to ensure safe use of their services by child users.

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(2) Notwithstanding subsection (1), the licensed applications service provider or licensed content applications service provider may implement any alternative measures other than the measures specified in the code if the licensed applications service provider or licensed content applications service provider proves to the satisfaction of the Commission that the alternative measures will better ensure safe use of its service by child users. Laws of Malaysia 20 Act 866

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(3) The measures implemented under this section shall include measures to ensure safe design and operation of the service that is, in the opinion of the licensed applications service provider or licensed content applications service provider, likely to be accessed by child users—

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(a) to prevent access of a user identified to be a child to a content suspected to be a harmful content;

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(b) to limit the ability of a user identified to be an adult from communicating with a user identified to be a child;

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(c) to limit features that increase, sustain or extend the use of its service by a user identified to be a child;

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(d) to prevent a user identified to be an adult from viewing the personal information of a user identified to be a child that is available on its service; and

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(e) to control personalized recommendation systems suitable for child users. Duty to establish mechanism for making priority harmful content inaccessible

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19. A licensed applications service provider and licensed content applications service provider shall establish a mechanism for making priority harmful content available on their services inaccessible to all users. Duty to prepare Online Safety Plan

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20. (1) A licensed applications service provider and licensed content applications service provider shall prepare an Online Safety Plan on their compliance of the duties under this Part.

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(2) The Online Safety Plan referred to in subsection (1) shall be prepared within the period and in such form and contain the information, as may be prescribed. Online Safety 21

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(3) A licensed applications service provider and licensed content applications service provider shall make available on their services the Online Safety Plan prepared under subsection (1) and ensure that the Online Safety Plan is easily accessible and regularly updated.

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(4) The Online Safety Plan prepared and made available under this section shall not contain any personal information of any user.

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(5) A copy of the Online Safety Plan prepared under subsection (1) shall be submitted to the Commission.

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REPORTING OF HARMFUL CONTENT Report to licensed applications service provider and licensed content applications service provider

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21. (1) A user may make a report to a licensed applications service provider or licensed content applications service provider regarding any content which he believes is a harmful content available on the service of the licensed applications service provider or licensed content applications service provider in such form and manner as may be determined by the licensed applications service provider or licensed content applications service provider.

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(2) Upon receipt of the report made under subsection (1), the licensed applications service provider or licensed content applications service provider shall within the period as may be prescribed—

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(a) acknowledge receipt of the report;

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(b) notify in writing the status of the report to the user who made the report; and

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(c) assess the report. Laws of Malaysia 22 Act 866

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(3) Upon assessment of the report made under subsection (1), the licensed applications service provider or licensed content applications service provider shall dismiss the report if the licensed applications service provider or licensed content applications service provider—

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(a) is of the opinion that the report is frivolous, vexatious or not made in good faith or the subject matter of the report is trivial; or

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(b) determines that the subject matter of the report is or has already been the subject matter of another report made to the licensed applications service provider or licensed content applications service provider.

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(4) Where the report is dismissed under subsection (3), the licensed applications service provider or licensed content applications service provider shall notify in writing the user who made the report of such dismissal.

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(5) The user who is aggrieved by the dismissal of the report under subsection (3) may, by request to the licensed applications service provider or licensed content applications service provider, inquire into the dismissal from the licensed applications service provider or licensed content applications service provider within the period as may be prescribed and give reasons as to why his report should not be dismissed by the licensed applications service provider or licensed content applications service provider.

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(6) Upon receipt of the inquiry together with the reasons from the aggrieved user under subsection (5), the licensed applications service provider or licensed content applications service provider may review its decision made under subsection (3) and decide whether the dismissal should be maintained or further action should be taken under section 22 or 23.

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(7) Any decision of the licensed applications service provider or licensed content applications service provider made under subsection (6) in respect of the inquiry shall be notified in writing to the aggrieved user within the period as may be prescribed. Online Safety 23 Report to licensed applications service provider and licensed content applications service provider on priority harmful content

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22. (1) Where the report made by a user under subsection 21(1) is not dismissed under subsection 21(3) or (6) and the licensed applications service provider or licensed content applications service provider is of the opinion that the content being the subject matter of the report is a priority harmful content, the licensed applications service provider or licensed content applications service provider shall immediately make the content inaccessible on its service to all users for a period as may be prescribed.

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(2) Before the period referred to in subsection (1) expires, the licensed applications service provider or licensed content applications service provider shall determine on reasonable grounds if the content made inaccessible on its service under subsection (1) is a priority harmful content.

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(3) Where the licensed applications service provider or licensed content applications service provider determines under subsection (2) that the content made inaccessible on its service under subsection (1)—

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(a) is a priority harmful content, the licensed applications service provider or licensed content applications service provider shall, within the period as may be prescribed, make the priority harmful content be permanently inaccessible on its service to all users; or

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(b) is not a priority harmful content, the licensed applications service provider or licensed content applications service provider may, within the period as may be prescribed, make the content accessible again on its service to all users.

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Subsection

(4) Any action taken by the licensed applications service provider or licensed content applications service provider under this section shall be notified in writing to the user who made the report regarding the content and the user who communicated the content on the service of the licensed applications service provider or licensed content applications service provider. Laws of Malaysia 24 Act 866

Subsection

subsection_229

Subsection

(5) The user who is aggrieved by the action taken by the licensed applications service provider or licensed content applications service provider under this section may, by request to the licensed applications service provider or licensed content applications service provider, inquire into such action from the licensed applications service provider or licensed content applications service provider within the period as may be prescribed.

Subsection

subsection_230

Subsection

(6) Upon receipt of the inquiry from the aggrieved user under subsection (5), the licensed applications service provider or licensed content applications service provider may review its decision on the action taken in relation to the inquiry.

Subsection

subsection_231

Subsection

(7) Any decision of the licensed applications service provider or licensed content applications service provider made under subsection (6) in respect of the inquiry shall be notified in writing to the aggrieved user within the period as may be prescribed. Report to licensed applications service provider and licensed content applications service provider on harmful content

Section

section_232

Section

23. (1) Where the report made by a user under subsection 21(1) is not dismissed under subsection 21(3) or (6) and the licensed applications service provider or licensed content applications service provider is of the opinion that the content being the subject matter of the report is a harmful content, the licensed applications service provider or licensed content applications service provider may make the content inaccessible on its service to all users within and for a period as may be prescribed.

Subsection

subsection_233

Subsection

(2) Where the licensed applications service provider or licensed content applications service provider makes the content inaccessible on its service for the period as prescribed under subsection (1), the licensed applications service provider or licensed content applications service provider shall, before the period expires, determine on reasonable grounds if the content made inaccessible is a harmful content. Online Safety 25

Subsection

subsection_234

Subsection

(3) Where the licensed applications service provider or licensed content applications service provider determines under subsection (2) that the content made inaccessible on its service under subsection (1)—

Paragraph

paragraph_235

Paragraph

(a) is a harmful content, the licensed applications service provider or licensed content applications service provider shall, within the period as may be prescribed, make the harmful content be permanently inaccessible on its service to all users; or

Paragraph

paragraph_236

Paragraph

(b) is not a harmful content, the licensed applications service provider or licensed content applications service provider shall, within the period as may be prescribed, make the content accessible again on its service to all users.

Subsection

subsection_237

Subsection

(4) Any action taken by the licensed applications service provider or licensed content applications service provider under this section shall be notified in writing to the user who made the report regarding the content and the user who communicated the content on the service of the licensed applications service provider or licensed content applications service provider.

Subsection

subsection_238

Subsection

(5) The user who is aggrieved by the action taken by the licensed applications service provider or licensed content applications service provider under this section may, by request to the licensed applications service provider or licensed content applications service provider, inquire into such action from the licensed applications service provider or licensed content applications service provider within the period as may be prescribed.

Subsection

subsection_239

Subsection

(6) Upon receipt of the inquiry from the aggrieved user under subsection (5), the licensed applications service provider or licensed content applications service provider may review its decision on the action taken in relation to the inquiry.

Subsection

subsection_240

Subsection

(7) Any decision of the licensed applications service provider or licensed content applications service provider made under subsection (6) in respect of the inquiry shall be notified in writing to the aggrieved user within the period as may be prescribed. Laws of Malaysia 26 Act 866

Subsection

subsection_241

Subsection

(8) If it comes to the knowledge of the Commission that the licensed applications service provider or licensed content applications service provider has not made the content referred to in subsection (1) inaccessible on its service to all users, despite the determination made by the licensed applications service provider or licensed content applications service provider under subsection (2) that the content is a harmful content, the Commission may, in the interest of the public, issue a written instruction to the licensed applications service provider or licensed content applications service provider requiring the licensed applications service provider or licensed content applications service provider to make the content permanently inaccessible on its service within the period as specified in the written instruction.

Subsection

subsection_242

Subsection

(9) Any licensed applications service provider or licensed content applications service provider which fails to comply with a written instruction issued by the Commission under subsection (8) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction. Report to Commission

Section

section_243

Section

24. (1) A user may make a report to the Commission in such form and manner as may be determined by the Commission—

Paragraph

paragraph_244

Paragraph

(a) regarding any content which he believes is a harmful content available on the service of a licensed applications service provider or licensed content applications service provider regardless of whether a report has been made by him under section 21 to the licensed applications service provider or licensed content applications service provider regarding the same content; or

Paragraph

paragraph_245

Paragraph

(b) regarding any content which he believes is a harmful content available online other than on the service of a licensed applications service provider or licensed content applications service provider. Online Safety 27

Subsection

subsection_246

Subsection

(2) Upon receipt of the report made under subsection (1), the Commission shall within the period as may be prescribed—

Paragraph

paragraph_247

Paragraph

(a) acknowledge receipt of the report;

Paragraph

paragraph_248

Paragraph

(b) notify in writing the status of the report to the user who made the report; and

Paragraph

paragraph_249

Paragraph

(c) assess the report.

Subsection

subsection_250

Subsection

(3) Upon assessment of the report made under subsection (1), the Commission shall dismiss the report if the Commission—

Paragraph

paragraph_251

Paragraph

(a) is of the opinion that the report is frivolous, vexatious or not made in good faith or the subject matter of the report is trivial; or

Paragraph

paragraph_252

Paragraph

(b) determines that the subject matter of the report is or has already been the subject matter of another report made to the Commission.

Subsection

subsection_253

Subsection

(4) Where the report is dismissed under subsection (3), the Commission shall notify in writing the user who made the report of such dismissal.

Subsection

subsection_254

Subsection

(5) The user who is aggrieved by the dismissal of the report under subsection (3) may, by request to the Commission, inquire into the dismissal from the Commission within the period as may be prescribed and give reasons as to why his report should not be dismissed by the Commission.

Subsection

subsection_255

Subsection

(6) Upon receipt of the inquiry together with the reasons from the aggrieved user under subsection (5), the Commission may review its decision made under subsection (3) and decide whether the dismissal should be maintained or further action should be taken under section 25.

Subsection

subsection_256

Subsection

(7) Any decision of the Commission made under subsection (6) in respect of the inquiry shall be notified in writing to the aggrieved user within the period as may be prescribed. Laws of Malaysia 28 Act 866 Report to Commission on harmful content

Section

section_257

Section

25. (1) Where the report made by a user under subsection 24(1) is not dismissed under subsection 24(3) or (6) and the Commission determines on reasonable grounds that the content being the subject matter of the report is a harmful content including priority harmful content, the Commission shall—

Paragraph

paragraph_258

Paragraph

(a) where the harmful content is available on the service of a licensed applications service provider or licensed content applications service provider, issue a written instruction to the licensed applications service provider or licensed content applications service provider requiring the licensed applications service provider or licensed content applications service provider to make the content permanently inaccessible on its service to all users within the period as may be specified in the written instruction; or

Paragraph

paragraph_259

Paragraph

(b) where the harmful content is available online other than on the service of a licensed applications service provider or licensed content applications service provider, issue a written instruction to the relevant licensed network service provider requiring the licensed network service provider to restrict the relevant parts of its network service within the period as may be specified in the written instruction so as to make the content permanently inaccessible to all users.

Subsection

subsection_260

Subsection

(2) Any action taken by the licensed applications service provider, licensed content applications service provider or licensed network service provider pursuant to the written instruction under subsection (1) shall be notified in writing to the Commission and the Commission shall notify the same in writing to the user who made the report regarding the content.

Subsection

subsection_261

Subsection

(3) The licensed applications service provider or licensed content applications service provider to which the written instruction was issued under subsection (1) shall notify in writing the user who communicated the content on its service of the action it has taken pursuant to the written instruction. Online Safety 29

Subsection

subsection_262

Subsection

(4) Any licensed applications service provider, licensed content applications service provider or licensed network service provider which fails to comply with a written instruction issued by the Commission under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction.

Subsection

subsection_263

Subsection

(5) Where the Commission determines on reasonable grounds that the content being the subject matter of the report made under subsection 24(1) is not a harmful content, the Commission shall notify in writing the user who made the report of its determination. Action by licensed applications service provider or licensed content applications service provider on its own motion

Section

section_264

Section

26. (1) A licensed applications service provider or licensed content applications service provider may, regardless of whether a report has been made by a user under section 21 or 24, on its own motion make any content inaccessible on its service in the manner as it may determine if the licensed applications service provider or licensed content applications service provider has reasonable grounds to believe that the content is a priority harmful content.

Subsection

subsection_265

Subsection

(2) Where a content has been made inaccessible under subsection (1), the licensed applications service provider or licensed content applications service provider shall notify in writing the user who communicated the content on its service.

Subsection

subsection_266

Subsection

(3) The user aggrieved by the action taken by the licensed applications service provider or licensed content applications service provider under subsection (1) may, by request to the licensed applications service provider or licensed content applications service provider, inquire into such action from the licensed applications service provider or licensed content applications service provider within the period as may be prescribed. Laws of Malaysia 30 Act 866

Subsection

subsection_267

Subsection

(4) Upon receipt of the inquiry from the aggrieved user under subsection (3), the licensed applications service provider or licensed content applications service provider may review its decision on the action taken in relation to the inquiry.

Subsection

subsection_268

Subsection

(5) Any decision of the licensed applications service provider or licensed content applications service provider made under subsection (4) in respect of the inquiry shall be notified to the aggrieved user within the period as may be prescribed. Commission may issue written instruction to make content accessible

Section

section_269

Section

27. Notwithstanding any provision of this Act, if it comes to the knowledge of the Commission that the licensed applications service provider or licensed content applications service provider has made any content available on its service inaccessible, the Commission may, in the interest of the public, issue a written instruction to the licensed applications service provider or licensed content applications service provider requiring the licensed applications service provider or licensed content applications service provider to make the content accessible again on its service to all users within the period as may be specified in the written instruction. Inconsistency between action by licensed applications service provider or licensed content applications service provider and written instruction or determination of Commission

Section

section_270

Section

28. Where a user makes a report to a licensed applications service provider or licensed content applications service provider under section 21 and at the same time makes a report to the Commission under section 24 regarding the same content which the user believes is a harmful content, and there is inconsistency between the action taken by the licensed applications service provider or licensed content applications service provider under section 22 or 23 and the written instruction issued by the Commission under subsection 25(1) or section 27 or the determination made by the Commission referred to in subsection 25(5) in respect of the report, the written instruction issued or the determination made by the Commission shall prevail. Online Safety 31 Notification to user on report to enforcement agency

Section

section_271

Section

29. Where a licensed applications service provider or licensed content applications service provider makes a report to any enforcement agency in relation to a content being the subject matter of a report made by a user to the licensed applications service provider or licensed content applications service provider under section 21, the licensed applications service provider or licensed content applications service provider shall not disclose to the user who made the report any information relating to the report made to the enforcement agency.

Content

content_273

Content

POWERS OF THE COMMISSION Power to issue directions

Section

section_274

Section

30. (1) The Commission may issue directions in writing to any licensed applications service provider, licensed content applications service provider or licensed network service provider regarding the compliance of any of the provisions of this Act by the licensed applications service provider, licensed content applications service provider or licensed network service provider.

Subsection

subsection_275

Subsection

(2) Before issuing the directions under subsection (1), the Commission shall issue a notice in writing to the licensed applications service provider, licensed content applications service provider or licensed network service provider specifying the nature of the required compliance.

Subsection

subsection_276

Subsection

(3) Upon receipt of the notice in writing under subsection (2), the licensed applications service provider, licensed content applications service provider or licensed network service provider may make a submission in respect of the required compliance, orally or in writing, within the period as may be specified in the notice.

Subsection

subsection_277

Subsection

(4) The Commission shall take into consideration any submission made by the licensed applications service provider, licensed content applications service provider or licensed network service provider before issuing the directions under subsection (1). Laws of Malaysia 32 Act 866

Subsection

subsection_278

Subsection

(5) The licensed applications service provider, licensed content applications service provider or licensed network service provider shall comply with the directions issued by the Commission under this section.

Subsection

subsection_279

Subsection

(6) The directions issued under this section shall be registered by the Commission as soon as practicable from the date of the issuance of the directions and shall be effective from the date of registration or such later date as the Commission may specify in the directions.

Subsection

subsection_280

Subsection

(7) The directions shall expire on such date as the Commission may specify in the directions or, if no date is specified, the directions shall be in operation until revoked.

Subsection

subsection_281

Subsection

(8) The Commission may modify, vary or revoke the directions issued under this section and the procedures set out under this section shall apply in respect of any modification, variation or revocation of the directions.

Subsection

subsection_282

Subsection

(9) Any licensed applications service provider, licensed content applications service provider or licensed network service provider which fails to comply with the directions issued by the Commission under this section commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction. Register of directions

Section

section_283

Section

31. (1) The Commission shall maintain a register of all directions issued by the Commission under section 30 both in physical form and in electronic media.

Subsection

subsection_284

Subsection

(2) A licensed applications service provider, licensed content applications service provider or licensed network service provider may, upon payment of a prescribed fee—

Paragraph

paragraph_285

Paragraph

(a) inspect the register of the directions; and

Paragraph

paragraph_286

Paragraph

(b) make a copy of, or take extracts from, the register of the directions. Online Safety 33

Subsection

subsection_287

Subsection

(3) If the licensed applications service provider, licensed content applications service provider or licensed network service provider requests that a copy or extracts from the register of directions be provided in an electronic media, the Commission may provide such copy or extracts—

Paragraph

paragraph_288

Paragraph

(a) on a data processing device; or

Paragraph

paragraph_289

Paragraph

(b) by way of electronic transmission. Power to gather information

Section

section_290

Section

32. (1) Notwithstanding any other written law, if the Commission has reasonable grounds to believe that any person—

Paragraph

paragraph_291

Paragraph

(a) has any information, particulars or document that is relevant to the performance of the Commission’s functions and powers under this Act; or

Paragraph

paragraph_292

Paragraph

(b) is capable of giving any evidence which the Commission has reasonable grounds to believe that the evidence is relevant to the performance of the Commission’s functions and powers under this Act, the Commission may, by notice in writing, direct that person—

Paragraph

paragraph_293

Paragraph

(A) to give any such information or particulars to the Commission in the form and manner and within the period as may be specified in the notice or such extended period as the Commission may grant;

Paragraph

paragraph_294

Paragraph

(B) to produce any such document, whether in physical form or in electronic media, to the Commission in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant;

Paragraph

paragraph_295

Paragraph

(C) to make copies of any such document and to produce those copies to the Commission in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant; Laws of Malaysia 34 Act 866

Paragraph

paragraph_296

Paragraph

(D) if the person is an individual, to appear before an authorized officer at the time and place as may be specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant;

Paragraph

paragraph_297

Paragraph

(E) if the person is a body corporate or a public body, to cause a competent officer of the body corporate or public body to appear before an authorized officer at the time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant; or

Paragraph

paragraph_298

Paragraph

(F) if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear before an authorized officer at the time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant.

Subsection

subsection_299

Subsection

(2) Where the Commission directs any person to produce any document under subsection (1) and the document is not in the custody of that person, that person shall—

Paragraph

paragraph_300

Paragraph

(a) state, to the best of his knowledge and belief, where the document may be found; and

Paragraph

paragraph_301

Paragraph

(b) identify, to the best of his knowledge and belief, the last person who had custody of the document and state, to the best of his knowledge and belief, where that person who had custody of the document may be found. Online Safety 35

Subsection

subsection_302

Subsection

(3) Any person directed to give or produce any information, particulars or documents or copies of any document under subsection (1), shall ensure that the information, particulars or documents or copies of the document given or produced are true, accurate, complete and not misleading and such person shall provide an express representation to that effect, including a declaration that he is not aware of any other information, particulars or document which would make the information, particulars or document given or produced untrue or misleading.

Subsection

subsection_303

Subsection

(4) Where any person discloses any information or particulars or produces any document in response to a notice in writing under this section, such person, his agent or employee, or any other person acting on his behalf or under his directions, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under any written law, or to any proceedings or claim by any person under any law or under any contract, agreement or arrangement, or otherwise.

Subsection

subsection_304

Subsection

(5) Subsection (4) shall not bar, prevent or prohibit the institution of any prosecution for any offence as provided by this section or for the disclosure or production of false information or document in relation to a notice in writing under this section furnished to the Commission pursuant to this section.

Subsection

subsection_305

Subsection

(6) Any person who fails to comply with the directions of the Commission under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction.

Subsection

subsection_306

Subsection

(7) Any person who contravenes subsection (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit.

Subsection

subsection_307

Subsection

(8) Any person who intentionally alters, suppresses or destroys any information, particulars or documents which he has been directed to give or produce pursuant to a notice in writing under this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit. Laws of Malaysia 36 Act 866 Proof of compliance

Section

section_308

Section

33. (1) The Commission may direct any person to produce or give all such evidence and information as the person may have relating to his compliance with any of the provisions of this Act to the Commission and such person shall comply with the directions of the Commission.

Subsection

subsection_309

Subsection

(2) Subsection (1) shall not affect any other power conferred on the Commission under this Act. Commission may retain document

Section

section_310

Section

34. (1) The Commission may take, and retain for as long as is necessary, possession of a document produced or given under this Act.

Subsection

subsection_311

Subsection

(2) The person who should have been entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Commission to be a true copy.

Subsection

subsection_312

Subsection

(3) Notwithstanding any other written law, the certified copy of the document referred to in subsection (2) shall be received as evidence by all courts and tribunals as if it were the original.

Subsection

subsection_313

Subsection

(4) Until a certified copy is supplied, the Commission shall, at such times and places as the Commission thinks appropriate, permit the person who should have been entitled to possession of the document, or a person authorized by that person, to inspect and make copies of, or take extracts from, the document. Powers of Commission shall be in addition to powers under Communications and Multimedia Act 1998 and Malaysian Communications and Multimedia Commission Act 1998

Section

section_314

Section

35. The functions and powers of the Commission under this Act shall be in addition to, and not in derogation of, the functions and powers of the Commission under the Communications and Multimedia Act 1998 and Malaysian Communications and Multimedia Commission Act 1998. Online Safety 37

Content

content_316

Content

UNDERTAKING AND NOTICE OF NON-COMPLIANCE Undertaking by licensed applications service provider and licensed content applications service provider

Section

section_317

Section

36. (1) A licensed applications service provider or licensed content applications service provider may, before a notice of non-compliance is issued to the licensed applications service provider or licensed content applications service provider under section 37, provide an undertaking to the Commission regarding the compliance of any of its duties under Part III in such form as may be prescribed.

Subsection

subsection_318

Subsection

(2) Any licensed applications service provider or licensed content applications service provider which provides the undertaking under subsection (1) shall comply with the undertaking. Notice of non-compliance

Section

section_319

Section

37. (1) Where the Commission has reasonable grounds to believe that a licensed applications service provider or licensed content applications service provider has failed to comply with any of its duties under Part III, the Commission shall issue a notice of non-compliance in writing to the licensed applications service provider or licensed content applications service provider in the manner as the Commission may determine.

Subsection

subsection_320

Subsection

(2) The notice of non-compliance issued under subsection (1) shall contain the following particulars:

Paragraph

paragraph_321

Paragraph

(a) details of the non-compliance;

Paragraph

paragraph_322

Paragraph

(b) the amount of financial penalty to be paid in respect of the non-compliance; and

Paragraph

paragraph_323

Paragraph

(c) any other particulars as the Commission thinks necessary.

Subsection

subsection_324

Subsection

(3) Upon receipt of the notice of non-compliance under subsection (1), the licensed applications service provider or licensed content applications service provider—

Paragraph

paragraph_325

Paragraph

(a) shall pay the amount of financial penalty as specified in the notice of non-compliance within the period as may be specified in the notice; or Laws of Malaysia 38 Act 866

Paragraph

paragraph_326

Paragraph

(b) may apply to the Commission for a review by way of representation in respect of the notice of non-compliance within the period and in such manner as the Commission may determine if the licensed applications service provider or licensed content applications service provider does not wish to pay the amount of financial penalty specified in the notice of non-compliance. Review by Commission

Section

section_327

Section

38. (1) Upon receipt of an application for a review by way of representation against the notice of non-compliance issued under section 37, the Commission shall review the notice of non-compliance and may—

Paragraph

paragraph_328

Paragraph

(a) dismiss the application for the review of the notice of non-compliance;

Paragraph

paragraph_329

Paragraph

(b) withdraw the notice of non-compliance;

Paragraph

paragraph_330

Paragraph

(c) vary the amount of the financial penalty to be paid in respect of the non-compliance and specify the period in which the varied financial penalty to be paid; or

Paragraph

paragraph_331

Paragraph

(d) impose any conditions as the Commission deems fit.

Subsection

subsection_332

Subsection

(2) Any decision of the review made by the Commission under this section shall be notified in writing to the licensed applications service provider or licensed content applications service provider which applied for the review.

Subsection

subsection_333

Subsection

(3) The licensed applications service provider or licensed content applications service provider which applied for the review shall abide by the decision of the review made by the Commission under this section. Financial penalty for non-compliance of duties

Section

section_334

Section

39. (1) The Commission may impose a financial penalty on a licensed applications service provider or licensed content applications service provider for any non-compliance of any of its duties under Part III. Online Safety 39

Subsection

subsection_335

Subsection

(2) Any licensed applications service provider or licensed content applications service provider which fails to comply with any of its duties under Part III shall be liable to pay to the Commission a financial penalty an amount of which not exceeding ten million ringgit.

Subsection

subsection_336

Subsection

(3) Any financial penalty due and payable under this section may be recovered as a civil debt due to the Commission.

Content

content_338

Content

ONLINE SAFETY APPEAL TRIBUNAL Establishment of Online Safety Appeal Tribunal

Section

section_339

Section

40. (1) There shall be established an Online Safety Appeal Tribunal for the purpose of reviewing—

Paragraph

paragraph_340

Paragraph

(a) any written instruction issued by the Commission referred to in subsection 23(8) or 25(1) or section 27;

Paragraph

paragraph_341

Paragraph

(b) any determination made by the Commission referred to in subsection 25(5);

Paragraph

paragraph_342

Paragraph

(c) any directions issued by the Commission under section 30; and

Paragraph

paragraph_343

Paragraph

(d) any decision of a review of a notice of non-compliance made by the Commission under section 38.

Subsection

subsection_344

Subsection

(2) The Minister shall, by order published in the Gazette, appoint the members of the Online Safety Appeal Tribunal as follows:

Paragraph

paragraph_345

Paragraph

(a) a Chairman who shall be appointed from amongst the Judges of the High Court; and

Paragraph

paragraph_346

Paragraph

(b) at least two other members, or such greater even number of members from amongst persons who have knowledge or experience in the field of communications and multimedia, engineering, law, economics or commerce or public administration or in any other fields as the Minister deems fit. Laws of Malaysia 40 Act 866

Subsection

subsection_347

Subsection

(3) A member of the Online Safety Appeal Tribunal shall hold office for a term not exceeding three years and shall be eligible for reappointment upon expiry of his term of office. Appeal to Online Safety Appeal Tribunal

Section

section_348

Section

41. (1) A person who is aggrieved by—

Paragraph

paragraph_349

Paragraph

(a) any written instruction issued by the Commission under subsection 23(8) or 25(1) or section 27;

Paragraph

paragraph_350

Paragraph

(b) any determination made by the Commission referred to in subsection 25(5);

Paragraph

paragraph_351

Paragraph

(c) any directions issued by the Commission under section 30; or

Paragraph

paragraph_352

Paragraph

(d) any decision of a review of a notice of non-compliance made by the Commission under section 38, may appeal against such written instruction, determination, directions or decision to the Online Safety Appeal Tribunal within the period and in such manner as may be prescribed.

Subsection

subsection_353

Subsection

(2) The Online Safety Appeal Tribunal may, after reviewing the matters referred to in paragraphs (1)(a) to (d), confirm or set aside the written instruction, determination, directions or decision appealed against. Revocation of appointment and resignation of members of Online Safety Appeal Tribunal

Section

section_354

Section

42. (1) The Minister may at any time revoke the appointment of any member of the Online Safety Appeal Tribunal if—

Paragraph

paragraph_355

Paragraph

(a) he resigns his office;

Paragraph

paragraph_356

Paragraph

(b) he becomes of unsound mind or otherwise incapable of performing his duties or managing his affairs;

Paragraph

paragraph_357

Paragraph

(c) he becomes bankrupt or insolvent; Online Safety 41

Paragraph

paragraph_358

Paragraph

(d) he is prohibited from being a director of a company under any written law relating to companies;

Paragraph

paragraph_359

Paragraph

(e) he has been convicted of an offence, under any law, by a court in Malaysia;

Paragraph

paragraph_360

Paragraph

(f) he is guilty of serious misconduct in relation to his duties;

Paragraph

paragraph_361

Paragraph

(g) he fails to carry out his obligation under section 50; or

Paragraph

paragraph_362

Paragraph

(h) his performance has been unsatisfactory for a significant period of time.

Subsection

subsection_363

Subsection

(2) A member of the Online Safety Appeal Tribunal may, at any time, resign from his appointment by giving a notice in writing to the Minister. Vacation of office of members of Online Safety Appeal Tribunal

Section

section_364

Section

43. (1) The office of a member of the Online Safety Appeal Tribunal shall be vacated—

Paragraph

paragraph_365

Paragraph

(a) if he dies;

Paragraph

paragraph_366

Paragraph

(b) if he resigns or otherwise vacates his office before the expiry of the term for which he is appointed; or

Paragraph

paragraph_367

Paragraph

(c) if his appointment is revoked.

Subsection

subsection_368

Subsection

(2) The Minister shall appoint a person in accordance with section 40 to replace the Chairman or any other member during the vacancy in the office of the Chairman or any other member.

Subsection

subsection_369

Subsection

(3) The Minister shall appoint a person in accordance with section 40 to act as the Chairman or any other member for the period when—

Paragraph

paragraph_370

Paragraph

(a) the office of the Chairman or any other member is vacant; Laws of Malaysia 42 Act 866

Paragraph

paragraph_371

Paragraph

(b) the Chairman or any other member is absent from duty or from Malaysia; or

Paragraph

paragraph_372

Paragraph

(c) the Chairman or any other member is, for any other reason, unable to carry out his functions.

Subsection

subsection_373

Subsection

(4) The exercise of the powers or the performance of the functions of the Online Safety Appeal Tribunal is not affected only because of there being a vacancy in the membership of the Online Safety Appeal Tribunal. Allowances for members of Online Safety Appeal Tribunal

Section

section_374

Section

44. The members of the Online Safety Appeal Tribunal shall be paid such allowances as the Minister may determine after consultation with the Minister of Finance. Quorum of Online Safety Appeal Tribunal

Section

section_375

Section

45. The quorum of the Online Safety Appeal Tribunal shall consist of—

Paragraph

paragraph_376

Paragraph

(a) the Chairman; and

Paragraph

paragraph_377

Paragraph

(b) at least two other members, or any greater even number of members not exceeding four. Decision of Online Safety Appeal Tribunal

Section

section_378

Section

46. (1) Any decision of the Online Safety Appeal Tribunal on any matter shall be decided by the votes of the majority of members of the Online Safety Appeal Tribunal present.

Subsection

subsection_379

Subsection

(2) The decision of the Online Safety Appeal Tribunal is final and binding and is not subject to further appeal. Enforcement of decision of Online Safety Appeal Tribunal

Section

section_380

Section

47. Any decision of the Online Safety Appeal Tribunal may be enforced in the same manner as a judgment or an order of the High Court. Online Safety 43 Powers of Online Safety Appeal Tribunal

Section

section_381

Section

48. (1) The Online Safety Appeal Tribunal shall have the power—

Paragraph

paragraph_382

Paragraph

(a) to summon parties to its proceedings or any other person to attend before it to give evidence in respect of an appeal;

Paragraph

paragraph_383

Paragraph

(b) to procure and receive evidence on oath or affirmation, whether written or oral, and examine all such persons as witnesses as the Online Safety Appeal Tribunal thinks necessary to procure, receive or examine;

Paragraph

paragraph_384

Paragraph

(c) where a person is so summoned, to require the production of any book, paper, document, record or other thing in his possession or under his control and which the Online Safety Appeal Tribunal may consider necessary for the purposes of the appeal;

Paragraph

paragraph_385

Paragraph

(d) to administer any oath, affirmation or statutory declaration, as the case may require;

Paragraph

paragraph_386

Paragraph

(e) where a person is so summoned, to allow the payment for any reasonable expenses incurred in connection with his attendance;

Paragraph

paragraph_387

Paragraph

(f) to admit evidence or reject evidence adduced, whether written or oral, and whether admissible or inadmissible under the provisions of any written law for the time being in force relating to the admissibility of evidence;

Paragraph

paragraph_388

Paragraph

(g) to adjourn the hearing of an appeal from time to time, including the power to adjourn to consider its decision; and

Paragraph

paragraph_389

Paragraph

(h) to generally direct and do all such things as may be necessary or expedient for the expeditious decision of the appeal.

Subsection

subsection_390

Subsection

(2) The Online Safety Appeal Tribunal shall have the power of a subordinate court with regard to the enforcement of attendance of witnesses, hearing evidence on oath or affirmation and punishment for contempt. Laws of Malaysia 44 Act 866 Suspension of members of Online Safety Appeal Tribunal

Section

section_391

Section

49. The Minister may suspend the membership of any member of the Online Safety Appeal Tribunal on the ground of misbehaviour or incapacity. Disclosure of interest

Section

section_392

Section

50. (1) A member of the Online Safety Appeal Tribunal shall disclose, as soon as practicable, to the Chairman any interest, whether substantial or not, which may conflict with the member’s duties as a member of the Online Safety Appeal Tribunal, in a particular matter.

Subsection

subsection_393

Subsection

(2) If the Chairman is of the opinion that the member’s interest is in conflict with the member’s duties, the Chairman shall inform all the parties to the matter of the conflict.

Subsection

subsection_394

Subsection

(3) If none of the parties to the matter objects to the conflict, the member may continue to execute his duties as a member of the Online Safety Appeal Tribunal in relation to that matter.

Subsection

subsection_395

Subsection

(4) If a party to the matter objects to the conflict, the member shall not continue to execute his duties as a member of the Online Safety Appeal Tribunal in relation to that matter.

Subsection

subsection_396

Subsection

(5) The failure by any member to disclose his interest in a particular matter shall subject him to the disciplinary actions under section 42 or 49. Secretary to Online Safety Appeal Tribunal

Section

section_397

Section

51. (1) The Minister shall designate a public officer as the Secretary to the Online Safety Appeal Tribunal to assist the Online Safety Appeal Tribunal in carrying out its functions and powers under this Act.

Subsection

subsection_398

Subsection

(2) The Minister may designate such number of other public officers as the Minister thinks fit to assist the Secretary to the Online Safety Appeal Tribunal in carrying out his function under subsection (1).

Subsection

subsection_399

Subsection

(3) For the purposes of this Act, the Secretary of the Online Safety Appeal Tribunal and the officers designated under subsection (2) shall be deemed to be officers of the Online Safety Appeal Tribunal. Online Safety 45

Content

content_401

Content

ENFORCEMENT Authorization of public officer or officer of Commission

Section

section_402

Section

52. (1) The Minister may in writing authorize any public officer or officer of the Commission to exercise the powers of enforcement under this Act.

Subsection

subsection_403

Subsection

(2) Any such officer authorized under subsection (1) shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

Subsection

subsection_404

Subsection

(3) There shall be issued to each authorized officer an authority card to be signed by the Minister.

Subsection

subsection_405

Subsection

(4) Whenever such authorized officer exercises any of the powers under this Act, he shall on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (3). Power to investigate

Section

section_406

Section

53. (1) An authorized officer shall have all the powers necessary to carry out an investigation into any non-compliance or commission of an offence under this Act.

Subsection

subsection_407

Subsection

(2) In any case relating to the commission of an offence under this Act, an authorized officer carrying out an investigation may exercise all or any of the special powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [Act 593]. Search and seizure with warrant

Section

section_408

Section

54. (1) If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that an offence under this Act is being or has been committed on any premises, or that any evidence or thing which is necessary to the conduct of an Laws of Malaysia 46 Act 866 investigation into an offence may be found in any premises, the Magistrate may issue a warrant authorizing any authorized officer named in it, to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force, and there to search for and seize any such evidence or thing.

Subsection

subsection_409

Subsection

(2) Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—

Paragraph

paragraph_410

Paragraph

(a) any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet or notice, which contains or are reasonably suspected to contain information as to any offence so suspected to have been committed; or

Paragraph

paragraph_411

Paragraph

(b) any other document, facility, apparatus, equipment, device, thing or matter that is reasonably believed to furnish evidence of the commission of the offence.

Subsection

subsection_412

Subsection

(3) An authorized officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

Subsection

subsection_413

Subsection

(4) An authorized officer making a search on a person under subsection (3) may seize, or take possession of, and place in safe custody all things, other than the necessary clothing, found upon the person, and any other things, for which there is reason to believe that they are the instruments or evidence of the crime, and in so far as the search is for the investigation of an offence all such things may be detained until the discharge or acquittal of the person.

Subsection

subsection_414

Subsection

(5) Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

Subsection

subsection_415

Subsection

(6) If, by reason of its nature, size or amount, it is not practicable to remove any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under this section, the seizing officer shall, by any means, seal such book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter in the premises or container in which it is found. Online Safety 47

Subsection

subsection_416

Subsection

(7) A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit.

Subsection

subsection_417

Subsection

(8) If a search under this section indicates that there is any interference-causing equipment, radio apparatus or radio-sensitive equipment, the authorized officer may direct that necessary steps be taken to ensure an interference-free environment. Search and seizure without warrant

Section

section_418

Section

55. If an authorized officer in any of the circumstances referred to in section 54 has reasonable cause to believe that by reason of delay in obtaining a search warrant under that section the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the officer may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 54 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section. Warrant admissible notwithstanding defect

Section

section_419

Section

56. A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission in the search warrant or in the application for such warrant and any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under such warrant shall be admissible in evidence in any proceedings under this Act. Access to computerized data

Section

section_420

Section

57. (1) Any authorized officer conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise. Laws of Malaysia 48 Act 866

Subsection

subsection_421

Subsection

(2) For the purposes of this section, an authorized officer shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data. List of thing seized

Section

section_422

Section

58. (1) Except as provided in subsection (2), where any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter is seized pursuant to this Act, the authorized officer making the seizure—

Paragraph

paragraph_423

Paragraph

(a) shall prepare—

Paragraph

paragraph_424

Paragraph

(i) a list of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized and shall sign the list; and

Subparagraph

subparagraph_425

Subparagraph

(ii) a notice in writing of the seizure containing the grounds for the seizure and shall sign the notice; and

Paragraph

paragraph_426

Paragraph

(b) shall, as soon as practicable, serve a copy of the list of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized and the notice in writing of the seizure to the occupier of the premises which have been searched, or to his agent or servant at those premises.

Subsection

subsection_427

Subsection

(2) The notice in writing of the seizure shall not be required to be served pursuant to paragraph (1)(b) where the seizure is made in the presence of the person against whom proceedings under this Act are intended to be taken, or in the presence of the owner of such property or his agent, as the case may be. Online Safety 49

Subsection

subsection_428

Subsection

(3) If the premises are unoccupied, the authorized officer shall post a copy of the list of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized conspicuously on the premises. Release of thing seized

Section

section_429

Section

59. (1) If any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter has been seized under this Act, the authorized officer who effected the seizure may, after referring to the Public Prosecutor, release the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter to the person as he determines to be lawfully entitled to the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter if he is satisfied that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter is not liable to forfeiture under this Act and is not otherwise required for the purposes of any proceedings under this Act, or for the purpose of any prosecution under any other law, and in such event neither the officer effecting the seizure, nor the Government or any person acting on behalf of the Government, shall be liable to any proceedings by any person if the seizure and the release of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter had been effected in good faith.

Subsection

subsection_430

Subsection

(2) A record in writing shall be made by the officer effecting the release of any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter under subsection (1) specifying in detail the circumstances of, and the reason for, the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release. Laws of Malaysia 50 Act 866 Preservation of communications data

Section

section_431

Section

60. (1) If an authorized officer is satisfied that—

Paragraph

paragraph_432

Paragraph

(a) communications data is reasonably required for the purposes of an investigation; and

Paragraph

paragraph_433

Paragraph

(b) there is a risk that the communications data may be destroyed or rendered inaccessible, the authorized officer may, by notice in writing given to a person in control of the communications system, require the person to ensure that the communications data specified in the notice be preserved for the period and in the manner as may be specified in the notice in writing.

Subsection

subsection_434

Subsection

(2) The person to whom the notice in writing was given under subsection (1)—

Paragraph

paragraph_435

Paragraph

(a) shall preserve the communications data specified in the notice for the period and in the manner as may be specified in the notice; and

Paragraph

paragraph_436

Paragraph

(b) shall not disclose the existence and content of the notice, the procedure, method, manner or any matter related to the preservation of communications data under subsection (1) without lawful authority.

Subsection

subsection_437

Subsection

(3) A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction. Disclosure of stored communications data

Section

section_438

Section

61. (1) If an authorized officer is satisfied that any communications data is reasonably required for the purposes of an investigation into an offence under this Act, the authorized officer may, by notice in writing given to a person in control of the communications system, require the person to disclose such communications data in the manner as specified in the notice. Online Safety 51

Subsection

subsection_439

Subsection

(2) The person to whom the notice in writing was given under subsection (1)—

Paragraph

paragraph_440

Paragraph

(a) shall disclose such communications data in the manner as specified in the notice; and

Paragraph

paragraph_441

Paragraph

(b) shall not disclose the existence and content of the notice, the procedure, method, manner or any matter related to the disclosure of communications data under subsection (1) without lawful authority.

Subsection

subsection_442

Subsection

(3) A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction. Obstruction

Section

section_443

Section

62. Any person who—

Paragraph

paragraph_444

Paragraph

(a) refuses any authorized officer access to any premises which such authorized officer is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;

Paragraph

paragraph_445

Paragraph

(b) assaults, obstructs, hinders or delays any authorized officer in effecting any entry which the authorized officer is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;

Paragraph

paragraph_446

Paragraph

(c) refuses to give any authorized officer any information relating to an offence or suspected offence under this Act or any other information which the person has in his knowledge or power to give;

Paragraph

paragraph_447

Paragraph

(d) rescues or endeavours to rescue or causes to be rescued anything which has been duly seized; or

Paragraph

paragraph_448

Paragraph

(e) destroys anything to prevent the seizure or the securing of the things, commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit. Laws of Malaysia 52 Act 866 Additional power

Section

section_449

Section

63. An authorized officer shall, for the purposes of the execution of this Act, have the powers to do all or any of the following:

Paragraph

paragraph_450

Paragraph

(a) to require the production of book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter kept by a licensed applications service provider, licensed content applications service provider or licensed network service provider or any other person and to inspect, examine and to download, make copies or take extracts from them;

Paragraph

paragraph_451

Paragraph

(b) to require the production of any identification document from any person in relation to any case or offence under this Act; and

Paragraph

paragraph_452

Paragraph

(c) to make such inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with. Power to require attendance of person acquainted with case

Section

section_453

Section

64. (1) An authorized officer making an investigation under this Act may, by order in writing, require the attendance before himself of a person who appears to the authorized officer to be acquainted with the circumstances of the case, and the person shall attend as so required.

Subsection

subsection_454

Subsection

(2) If the person fails to attend as required, the authorized officer may report the failure to a Magistrate who shall issue a warrant to secure the attendance of the person. Examination of person acquainted with case

Section

section_455

Section

65. (1) An authorized officer making an investigation under this Act may examine orally a person supposed to be acquainted with the facts and circumstances of the case. Online Safety 53

Subsection

subsection_456

Subsection

(2) The person shall be legally bound to answer all questions relating to the case put to him by the authorized officer, but the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

Subsection

subsection_457

Subsection

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.

Subsection

subsection_458

Subsection

(4) The authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).

Subsection

subsection_459

Subsection

(5) A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish. Admissibility of statement in evidence

Section

section_460

Section

66. (1) If any person is charged with an offence under this Act, any statement, whether the statement amounts to a confession or not or whether it is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation under this Act or not and whether or not wholly or partly in answer to questions, by that person to or in the hearing of an authorized officer and whether or not interpreted to him by another officer or other person, shall be admissible in evidence at his trial and, if the person charged tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.

Subsection

subsection_461

Subsection

(2) No statement under subsection (1) shall be admissible or used—

Paragraph

paragraph_462

Paragraph

(a) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person proceeding from a person in authority and sufficient in the opinion of the court to give the person charged grounds which Laws of Malaysia 54 Act 866 would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or

Paragraph

paragraph_463

Paragraph

(b) in the case of a statement made by the person after his arrest, unless the court is satisfied that he was cautioned in the following words or words to the like effect: “It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence”.

Subsection

subsection_464

Subsection

(3) A statement made by a person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of his not having been cautioned if he is cautioned as soon as possible after that. Forfeiture

Section

section_465

Section

67. (1) Any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under this Act may be liable to forfeiture.

Subsection

subsection_466

Subsection

(2) An order for the forfeiture or for the release of any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter liable to forfeiture under this section shall be made by the court before which the prosecution with regard to it has been held and an order for the forfeiture of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter shall be made if it is proved to the satisfaction of the court that an offence under this Act, has been committed and that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter was used in the commission of the offence despite the fact that no person may have been convicted of the offence or breach. Online Safety 55

Subsection

subsection_467

Subsection

(3) If there is no prosecution with regard to any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized in the exercise of any power conferred under this Act, the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter shall be taken or deemed to be forfeited at the expiration of twelve months from the date it was seized unless a claim to it is made before that date in the manner provided in this section.

Subsection

subsection_468

Subsection

(4) A person asserting that he is the owner of any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under this Act and that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter is not liable to forfeiture may personally or by his agent authorized in writing by him give written notice to the Commission or any authorized officer of his claim.

Subsection

subsection_469

Subsection

(5) Upon receipt of a notice under subsection (4), the Commission or any authorized officer shall, after such enquiry as may be necessary, direct that the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter be released or forfeited or refer the case to a Sessions Court Judge for decision.

Subsection

subsection_470

Subsection

(6) The Sessions Court Judge to whom the case is referred shall issue a summons requiring the person asserting that he is the owner of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter and the person from whom the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter were seized to appear before him and upon his appearance or default to appear, after due service of the summons being proved, the Sessions Court Judge shall proceed to the examination of the case and on proof that an offence under this Act has been committed and that the book, account, document, computerized data, signboard, card, letter, pamphlet, Laws of Malaysia 56 Act 866 leaflet, notice, facility, apparatus, equipment, device, thing or matter was the subject matter or was used in the commission of the offence, shall order the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter to be forfeited or may, in the absence of such proof, order the release of the book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter to the person entitled to it.

Subsection

subsection_471

Subsection

(7) Any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter forfeited or deemed to be forfeited shall be delivered to the Commission or an authorized officer who shall dispose of it in the manner as the Commission deems fit. Jurisdiction to try offence

Section

section_472

Section

68. Notwithstanding any written law to the contrary, a Sessions Court shall have jurisdiction to try any offence under this Act.

Content

content_474

Content

MISCELLANEOUS Interworking with other authority

Section

section_475

Section

69. The Minister may direct the Commission regarding the interworking arrangements between the Commission and any other authority in Malaysia or in a foreign jurisdiction, or between the Commission and any international organization. Judicial review

Section

section_476

Section

70. (1) A person who is aggrieved or whose interest is adversely affected by a decision or other action of the Minister or the Commission may apply to the High Court for a judicial review of such decision or other action. Online Safety 57

Subsection

subsection_477

Subsection

(2) A person shall not apply to the court for a judicial review unless that person has first exhausted all other remedies provided under this Act. Power to exempt

Section

section_478

Section

71. The Minister may, by order published in the Gazette, exempt, subject to such conditions as the Minister deems fit to impose, any licensed applications service provider, licensed content applications service provider or licensed network service provider or class of licensed applications service provider, licensed content applications service provider or licensed network service provider from all or any of the provisions of this Act. Prosecution

Section

section_479

Section

72. No prosecution shall be instituted for an offence under this Act without the consent in writing of the Public Prosecutor. Liability of director, etc., of company, etc.

Section

section_480

Section

73. Where any person who commits an offence under this Act is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership, firm, society or other body of persons or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management—

Paragraph

paragraph_481

Paragraph

(a) may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or other body of persons; and Laws of Malaysia 58 Act 866

Paragraph

paragraph_482

Paragraph

(b) if the company, limited liability partnership, firm, society or other body of persons is found guilty of the offence, shall be deemed to be guilty of the offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

Paragraph

paragraph_483

Paragraph

(i) that the offence was committed without his knowledge; or

Subparagraph

subparagraph_484

Subparagraph

(ii) that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence. Compounding of offence

Section

section_485

Section

74. (1) The Minister may, with the approval of the Public Prosecutor, make regulations prescribing—

Paragraph

paragraph_486

Paragraph

(a) any offence under this Act as an offence which may be compounded; and

Paragraph

paragraph_487

Paragraph

(b) the method and procedure for compounding such offence.

Subsection

subsection_488

Subsection

(2) The Chairman of the Commission may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act prescribed to be a compoundable offence by making an offer in writing to the person suspected to have committed the offence to compound the offence upon payment to the Chairman of the Commission of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his offer.

Subsection

subsection_489

Subsection

(3) An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted. Online Safety 59

Subsection

subsection_490

Subsection

(4) If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Chairman of the Commission may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Subsection

subsection_491

Subsection

(5) Where an offence has been compounded under this section—

Paragraph

paragraph_492

Paragraph

(a) no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and

Paragraph

paragraph_493

Paragraph

(b) any document or thing seized in connection with the offence may be released by the Chairman of the Commission, subject to such terms as the Chairman of the Commission thinks fit.

Subsection

subsection_494

Subsection

(6) All sums of money received by the Chairman of the Commission under this section shall be paid into and form part of the Federal Consolidated Fund. Obligation of secrecy

Section

section_495

Section

75. (1) Except for the purposes of this Part or for the purposes of any civil or criminal proceedings under any written law or where authorized by the Minister—

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(a) the Chairman of the Committee, any other member of the Committee, the Chairman of the Online Safety Appeal Tribunal, any other member of the Online Safety Appeal Tribunal, the Secretary to the Online Safety Appeal Tribunal or any other officer of the Online Safety Appeal Tribunal shall not, during the time he serves as such Chairman, member, Secretary or officer, disclose any information obtained by him in the course of his duties; and

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(b) no other person who has, by any means, access to any information or document relating to the affairs of the Committee or the Online Safety Appeal Tribunal shall disclose such information or document. Laws of Malaysia 60 Act 866

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(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both. Public servant

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76. The Chairman of the Committee, every other member of the Committee, the Chairman of the Online Safety Appeal Tribunal, every other member of the Online Safety Appeal Tribunal, the Secretary to the Online Safety Appeal Tribunal or any other officer of the Online Safety Appeal Tribunal while discharging his duties as the Chairman, member, Secretary or officer, shall be deemed to be a public servant within the meaning of the Penal Code. Application of Public Authorities Protection Act 1948

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77. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Committee, Online Safety Appeal Tribunal, the Chairman of the Committee, any other member of the Committee, the Chairman of the Online Safety Appeal Tribunal, any other member of the Online Safety Appeal Tribunal, the Secretary to the Online Safety Appeal Tribunal or any other officer of the Online Safety Appeal Tribunal in respect of any act, neglect or default done or committed by it or him in good faith or any omission by it or him in good faith in such capacity. Act or omission done in good faith

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78. No action or suit shall be instituted or maintained in any court against—

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(a) the Committee or the Online Safety Appeal Tribunal;

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(b) the Chairman of the Committee or any other member of the Committee;

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(c) the Chairman of the Online Safety Appeal Tribunal or any other member of the Online Safety Appeal Tribunal; Online Safety 61

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(d) the Secretary to the Online Safety Appeal Tribunal or any other officer of the Online Safety Appeal Tribunal; or

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(e) any person authorized to act for and on behalf of the Committee or the Online Safety Appeal Tribunal, for any act or omission done in good faith in the performance of its or his functions and in the exercise of its or his powers under this Act. Protection of officer and other person

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79. No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against—

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(a) the Commission or any authorized officer or any other person in respect of any act ordered or done for the purpose of carrying into effect this Act; and

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(b) any other person in respect of any act done or purported to be done by him under the order, directions or instruction of the Commission or any authorized officer if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it. Power to issue guidelines and code

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80. (1) The Commission may issue any guidelines as may be expedient or necessary for the better carrying out of the provisions of this Act and for the purpose of ensuring compliance with this Act.

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(2) Without prejudice to subsection (1), the Commission may issue any code for the purposes of compliance of duties under

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(3) Every guidelines and code issued under this section shall be published by the Commission in the manner as may be determined by the Commission. Laws of Malaysia 62 Act 866

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(4) The Commission may revoke, vary, revise or amend the whole or any part of any guidelines or code issued under this section. Power to make regulations

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81. (1) The Minister may make regulations as may be necessary or expedient for the purpose of carrying into effect the provisions of this Act.

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(2) Without prejudice to the generality of subsection (1), the Minister may make regulations—

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(a) to prescribe other characteristics of a private messaging feature of an applications service or content applications service;

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(b) to prescribe the period for the users to obtain any other information on the mechanisms with respect to online safety available on the service of the licensed applications service provider or licensed content applications service provider;

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(c) to prescribe the period for the preparation of and form of the Online Safety Plan and the information to be contained in the Online Safety Plan;

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(d) to prescribe the period for actions to be taken in respect of the report on harmful content made to the licensed applications service provider or licensed content applications service provider or to the Commission;

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(e) to prescribe the period for the users to make an inquiry in respect of a report on harmful content to the licensed applications service provider or licensed content applications service provider or to the Commission and for the notification of the decision in respect of the inquiry; Online Safety 63

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(f) to prescribe the period for the licensed applications service provider or licensed content applications service provider to make a priority harmful content or harmful content or any other content on its service inaccessible or accessible to users;

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(g) to prescribe the fees payable under this Act, including any processing fees;

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(h) to prescribe the form of undertaking provided to the Commission;

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(i) to provide for matters relating to the Online Safety Appeal Tribunal including—

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(i) the period and manner for any appeal to the Online Safety Appeal Tribunal by a person who is aggrieved by the written instruction, determination, directions or decision issued or made by the Commission;

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(ii) the procedures and the conduct of hearing of the Online Safety Appeal Tribunal;

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(iii) the funding of the Online Safety Appeal Tribunal;

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(iv) the procedures for the appointment of members of the Online Safety Appeal Tribunal including the appointment of any person to act as any member of the Online Safety Appeal Tribunal;

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(v) the employment of officers of the Online Safety Appeal Tribunal;

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(j) to provide for any other matters required by this Act to be prescribed.

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(3) Any regulations made under this Act may prescribe an act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding one million ringgit. Laws of Malaysia 64 Act 866 Power to amend First Schedule and Second Schedule

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82. (1) The Minister may, on the recommendation of the Commission, by order published in the Gazette, amend the First

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Schedule and the Second Schedule. (2) In giving the recommendation under subsection (1), the Commission shall consult the Committee. Power to specify form and manner of submission 83. Where under any provision of this Act any person is required to submit, produce or give to the Commission any information, records, particulars or documents, the Commission may specify that such information, records, particulars or documents shall be submitted, produced or given in such form and manner and within such period or at such intervals as the Commission may specify. Service or notification of written instruction, etc. 84. (1) Every written instruction, notice in writing, directions or any other document required by this Act to be served on or notified to any person may be served or notified— (a) personally upon the person; (b) by sending it to the person by registered post; or (c) by way of electronic transmission. (2) A written instruction, notice in writing, directions or other document sent to a person by registered post shall be deemed to have been served on or notified to that person at the time at which it would have been delivered to that person in the ordinary course of the post if the written instruction, notice in writing, directions or other document was addressed— (a) in the case of a company, a firm, a society, an association or other body of persons— (i) to its registered office; Online Safety 65 (ii) to its last-known address; or (iii) to any person authorized by it to accept service of process; and (b) in the case of an individual, to his last-known address. (3) Where a person has given his consent for a written instruction, notice in writing, directions or other document to be served on or notified to him through the electronic service, the written instruction, notice in writing, directions or other document shall be deemed to have been served and notified at the time when the electronic notice is transmitted to his account through the electronic service. First Schedule [Section 4] HARMFUL CONTENT 1. Content on child sexual abuse material as provided for under section 4 of the Sexual Offences against Children Act 2017 [Act 792] 2. Content on financial fraud 3. Obscene content including content that may give rise to a feeling of disgust due to lewd portrayal which may offend a person’s manner on decency and modesty 4. Indecent content including content which is profane in nature, improper and against generally accepted behavior or culture 5. Content that may cause harassment, distress, fear or alarm by way of threatening, abusive or insulting words or communication or act 6. Content that may incite violence or terrorism 7. Content that may induce a child to cause harm to himself 8. Content that may promote feelings of ill-will or hostility amongst the public at large or may disturb public tranquility 9. Content that promotes the use or sale of dangerous drugs Laws of Malaysia 66 Act 866 Notes: (a) For the purposes of paragraph 2, a content that promotes awareness or education relating to financial fraud is not a content on financial fraud (b) For the purposes of paragraphs 3 and 4, a content that portrays private parts for education, scientific or medical purposes is not an obscene or indecent content (c) For the purposes of paragraph 9, a content that promotes awareness or education relating to drug abuse is not a content that promotes the use or sale of dangerous drugs Second Schedule [Section 4] PRIORITY HARMFUL CONTENT “Priority harmful content” means the contents referred to in paragraphs 1 and 2 of the First Schedule.

AKTA KESELAMATAN DALAM TALIAN 2025

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