AKTA KOMUNIKASI DAN MULTIMEDIA (PINDAAN) 2025

) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

Amendment of section 6

in the definition of “certifying agency”, by inserting after the words “section 186” the words “or 230a”;

LAWS OF MALAYSIA

COMMUNICATIONS AND MULTIMEDIA

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by inserting after the definition of “communications”

the following definition:

‘ “communications data” means any data relating to—

a communication by means of a communications system, generated by the communications system that formed a part in the chain of communications, indicating amongst others, the origin, destination, geolocation, route, time, date, size, duration or type of underlying service, of the communication;

a subscriber of communications services and use of the communications services and the related products, services and applications by the subscriber; and

other data relating to communications;’;

in the definition of “public utility”, by inserting after the words “telecommunications services” the words

“, broadband or network facilities”;

in the definition of “intercept”, by substituting for the words “the aural or other acquisition of the contents of any communications” the words “the acquisition or reproduction or both of contents of any communications by way of aural or otherwise”;

by inserting after the definition of “public utility”

the following definition: ‘

‘ “publish”, where no mode is specified, means to publish on the website of the Commission;’;

by inserting after the definition of “content applications service” the following definition:

‘ “content applications service provider” means a person who provides a content applications service;’;

Communications and Multimedia (Amendment)

in the definition of “network service”—

by deleting the words “and/”; and

by inserting after the words “electromagnetic radiation” the words “or both”;

by inserting after the definition of “post” the following definition:

‘ “premises” means any site, stationary or otherwise, whether such site is with or without enclosure, and includes vehicles, aircraft, ships and any other vessel;’;

by inserting after the definition of “communications market” the following definition:

‘ “communications system” means any device or a group of interconnected or related devices, or one or more networks, used in the provision of network service or applications service;’;

in the definition of “instrument”, by inserting after the word “determination” the words “, written instruction”;

in the English language text, in the definition of

“voluntary industry code”, by substituting for the full stop a semi-colon; and

by inserting after the definition of “voluntary industry code” the following definition:

‘ “written instruction” means a written instruction issued by the Commission under sections 63, 64, 65

and 73.’.

Amendment of section 16

in subsection (1), by inserting after paragraph (h) the following paragraph:

“(ha) the procedures and all matters related to unsolicited commercial electronic messages;”;

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in subsection (2)—

by substituting for the words “three hundred thousand” the words “one million”;

by substituting for the words “three years”

the words “ten years”; and

by substituting for the words “one thousand”

the words “one hundred thousand”; and

by inserting after subsection (2) the following subsection:

“(3)  Notwithstanding subsection (2) and section 53, the regulations made under subsection (1), or any other subsidiary legislation made under this Act, may prescribe that the Commission may impose a financial penalty not exceeding one million ringgit for non-compliance of any direction issued under section 51.”.

New section 16a

by substituting for the words “five hundred thousand”

the words “one million”;

by substituting for the words “five years” the words

“ten years”; and

by inserting after the words “or to both” the words

“and shall also be liable to a further fine of one hundred thousand ringgit for every day or part of a day during which the offence is continued after conviction”.

Amendment of section 44

)  Where subsection (1) applies, any person may operate under the relevant class licence until the cancellation of the class licence or until the Minister cancels the registration of that person pursuant to section 48.

)  Subsections 13(2), (4) and (5) shall not apply to a declaration under subsection (1).”.

Amendment of section 48

in subsection (1), by substituting for the words

“the compliance or non-compliance of any licence conditions, and including but not limited to the remedy of a breach of a licence condition, and the provisions of this Act or its subsidiary legislation” the words

“the compliance with this Act, its subsidiary legislation, instrument issued under this Act, any licence conditions or any other conditions imposed by the Commission under this Act”;

in the English language text, in subsection (2), by inserting before the word “required” the word “the”;

in subsection (5), by substituting for the words “any of the conditions of his licence and/or any of the provisions of this Act or its subsidiary legislation” the words “any of

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9

the provisions of this Act, its subsidiary legislation, any instrument issued under this Act, any licence conditions or any other conditions imposed by the Commission under this Act”; and

in subsection (7), by inserting before the words

“subsection (6)” the words “subsection (1) as notified under”.

Amendment of section 53

by substituting for the shoulder note the following shoulder note:

“Non-compliance with direction of Commission”;

and

by substituting for the words “three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both” the words “one million ringgit or to imprisonment for a term not exceeding ten years or to both and shall also be liable to a further fine of one hundred thousand ringgit for every day or part of a day during which the offence is continued after conviction”.

Amendment of section 55

in subsection (1), by inserting after the words “Commission’s determination” the following words:

“or any other matter to promote industry conduct which is consistent with—

the objects of this Act;

any relevant instrument under this Act; or

any relevant provisions of this Act or its subsidiary legislation.”; and

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in subsection (5)—

by substituting for the words “forty-five days”

the words “thirty-days”; and

by substituting for the words “conclusion of the inquiry” the words “publication of the report on the inquiry under section 65”.

Amendment of section 63

in subsection (1), by substituting for the words

“the Commission may direct that” the words

“the Commission may, in writing, instruct that”; and

in subsection (2), by substituting for the word “direction”

the words “written instruction”.

Amendment of section 64

in the shoulder note, by substituting for the word

“Directions” the words “Written instruction”;

in subsection (1), by substituting for the word “direction”

wherever appearing the words “written instruction”;

and

in subsection (2)—

by substituting for the words “Notwithstanding section 53, a” the word “A”; and

by substituting for the words “direction given under subsection (1)” the words “written instruction under subsection 63(1) and subsection (1) of this section”.

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Amendment of section 65

in subsection (2), by inserting after the word “the inquiry”

the words “and the Commission may extend that period by not more than thirty days”; and

in paragraph (3)(d), by substituting for the word “direction”

the words “written instruction”.

Amendment of section 68

in the national language text, by substituting for the words

“kesalahan sivil atau jenayah” wherever appearing the words “pelanggaran sivil atau kesalahan jenayah”; and

in the English language text, by inserting after the word

“civil” wherever appearing the word “infringement”.

Amendment of section 73

in subsection (2)—

by substituting for the words “written notice, direct” the words “written instruction, instruct”;

and

in paragraphs 2(a), (b), (c), (d), (e) and (f), by substituting for the word “notice” the words

“written instruction”; and

in subsection (3)—

by substituting for the word “directed”

the word “instructed”;

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by substituting for the words “and/or documents”

the words “or documents or both”; and

by substituting for the word “notice” the words

“written instruction”.

New sections 73a and 73b

)  For the purposes of subsection (1), the Commission may authorize any of its officers, agents or technical advisers to conduct the audit.

)  In conducting the audit, the Commission or any of its authorized officers, agents or technical advisers may—

enter the premise of any licensee or any other person providing services related to communications system;

and

obtain any information pertaining to the licensee or any other person providing services related to communications system and shall be given access to such information whether stored in a computer or otherwise.

)  The Commission may request the licensee or any other person providing services related to communications system to bear the cost of the conduct of an audit, as it deems necessary.

Communications and Multimedia (Amendment)

)  The Commission may designate the licensees or any other persons providing services related to communications system that are to be subject to an audit.

)  A licensee or any other person providing services related to communications system who refuses to assist or facilitate, or obstructs the Commission, its authorized officers, agents or technical advisers in conducting an audit under this section, commits an offence.

)  For the purposes of this section, “access” has the same meaning assigned to it under subsection 249(2).

Independent audit 73b.  (1)  The Commission may at such intervals as determined by it, require any licensee to appoint at its own cost an independent expert to audit on any matter under this Act, its subsidiary legislation, any instrument issued under this

Act or any information which the licensee furnishes to the

Commission.

)  The audit under subsection (1) shall be conducted in accordance with any guideline or directions under section 51 issued by the Commission under this Act.

)  The Commission may designate the licensees that are to be subject to an audit.

)  The licensee shall establish to the satisfaction of the

Commission that such independent expert referred to in subsection (1) has the necessary qualification and competence.

)  The licensee shall submit a copy of a report of such audit to the Commission within the time as specified by the

Commission.

)  A licensee who fails to comply with this section commits an offence.”.

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Substitution of section 74

fails to disclose or omits to give any relevant information, evidence or document;

provides information, evidence or document that he knows or has reason to believe is false or misleading;

or

intentionally alters, suppresses or destroys any document or information which he has been required to produce, in response to a written instruction issued by the Commission, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.”.

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Amendment of section 78

in subsection (1)—

by inserting after the word “publish” the word

“any”;

by inserting after the word “information”

the words “that the Commission has in its original possession or”; and

by substituting for the word “Chapter” the word

“Act”; and

in subsection (2), by inserting after the word “shall” the words “, for information that it has received,”.

Amendment of section 81

in the national language text, by substituting for the words

“dua orang atau lebih (“pihak-pihak”)” the words “dua pihak atau lebih”; and

in the English language text, by substituting for the words

“persons (“the parties”)” the word “parties”.

Amendment of section 89

by substituting for the word “complainant” the words

“party seeking to enforce the decision”; and

by deleting the words “except in the case of an injunction”.

Deletion of sections 90, 91, 92 and 93

in subsection (1), by substituting for the words “an industry body to be an industry forum” the words “one or more industry bodies as one or more industry forums”; and

in subsection (3), by inserting before the words “the requirements” the words “any of”.

Amendment of section 96

by renumbering the existing section as subsection (1);

and

by inserting after the renumbered subsection (1) the following subsection:

“(2)  Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on any person who fails to comply with a direction of the Commission under subsection (1).”.

Deletion of section 100

by substituting for subsection (1) the following subsection:

“(1)  The Commission may determine a mandatory standard for any matter including—

any matter which may be the subject matter of a voluntary industry code if the Commission is satisfied that the designated industry forum has not developed a satisfactory voluntary industry code or that the voluntary industry code is likely to fail or has failed, and will continue to fail; or

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any matter to promote industry conduct which is consistent with—

the objects of this Act;

any relevant instrument under this Act;

or

any relevant provisions of this Act or its subsidiary legislation.”; and

in subsection (3), by inserting after the words “Ministerial direction” the words “to the Commission”.

Amendment of section 105

in subsection (2), by substituting for the word “licensees”

the word “persons”; and

by inserting after subsection (3) the following subsections:

“(4)  The Commission may issue a direction to any person under section 51 to comply with any mandatory standard.

)  Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on any person who fails to comply with a direction of the Commission under subsection (4).”.

Deletion of section 109

in paragraph (3)(d), by inserting after the words

“register the undertaking” the words “or such other period agreed by the Commission”;

in paragraph (4)(b), by inserting after the words

“register the undertaking” the words “or such other period agreed by the Commission”; and

in subsection (5), by inserting after the words “receipt of the undertaking” the words “and the Commission may by written notice to the person making the written application extend the period by not more than thirty days”.

Amendment of section 113

by inserting after the word “may” the words “, with the approval of the Commission,”; and

by deleting the words “at any time by notifying the

Commission in writing”.

Amendment of section 115

in subsection (1), by substituting for the words “a court”

the words “the High Court”; and

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by substituting for subsection (2) the following subsection:

“(2)  A direction made by the Commission under subsection 112(2) may be enforced by the High

Court as if the direction is a judgment of the High

Court, provided that a certificate has been issued by the Commission to the party seeking to enforce the registered undertaking for leave to proceed to the

High Court for the enforcement of the registered undertaking.”.

Amendment of section 119

in subsection (2), by inserting after the words “the request by the Commission” the words “and the Commission may by written notice to the person making the written request extend the period by not more than thirty days”; and

in subsection (4), by inserting after the word “report” the words “, written instruction”.

Amendment of section 121

in subsection (1)—

by substituting for the word “determined” the word “prescribed”; and

in paragraph (1)(bb), by inserting before the words

“class license” the word “valid”; and

Communications and Multimedia (Amendment)

in subsection (2)—

by substituting for the words “five hundred thousand” the words “one million”;

by substituting for the words “five years” the words “ten years”; and

by substituting for the words “one thousand” the words “one hundred thousand”.

Amendment of section 127

by substituting for subsection (3) the following subsection:

“(3)  A licensee under this Part shall not provide any facility or service except in accordance with all the conditions of the individual licence granted to that licensee under this Part or all the conditions of a class licence to which the licensee is subject.”; and

by inserting after subsection (3) the following subsections:

“(4)  The Commission may issue a direction under section 51 to any licensee to comply with—

any applicable condition of the individual licence granted to that licensee under this Part; or

any applicable condition of the class licence to which such licensee is subject.

)  Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on a licensee who fails to comply with a direction under subsection (4).”.

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Amendment of section 145

in paragraph (1)(c), by deleting the words “and/”; and

by substituting for subsection (2) the following subsection:

“(2)  The Commission may determine that—

the recommended network facilities or class of network facilities;

the recommended network service or class of network services; or

any other recommended facilities or services which facilitate the provision of network services or applications services, including content applications services, be included in or removed from the access list, if it is satisfied that the access forum has provided sufficient opportunity for public consultation with persons who have an interest in the recommendation, and that not less than nine-tenths of the members of the access forum support the recommendation.”.

Amendment of section 148

by substituting for the words “five hundred thousand”

the words “one million”; and

by substituting for the words “five years” the words

“ten years”.

Substitution of section 150

by substituting for paragraphs (b), (c), (d), (e) and (f)

the following paragraphs:

“(b) pricing principles including rate methodologies;

operations and maintenance;

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billing and settlement;

protection of intellectual property;

protection of commercial information;”; and

by inserting after paragraph (f) the following paragraphs:

“(g) provisioning of facilities or services;

sharing of technical information;

dispute resolution; and

suspension and termination.”.

Amendment of section 155

in subsection (1), by substituting for the word “determined”

the word “prescribed”; and

in subsection (2)—

by substituting for the words “five hundred thousand” the words “one million”;

Communications and Multimedia (Amendment)

by substituting for the words “five years” the words “ten years”; and

by inserting after the words “to both” the words

“and shall also be liable to a further fine of one hundred thousand ringgit for every day or part of a day during which the offence is continued after conviction”.

Amendment of section 172

in subsection (1), by inserting after the words “all of the spectrum” the words “and such spectrum plan shall be published”;

in subsection (2), by substituting for the words “(including in an electronic media)” the words “by any means,”;

and

by inserting after subsection (2) the following subsection:

“(3)  The Commission may, at any time, modify, vary or revoke the spectrum plan and publish such modification, variation or revocation.”.

Amendment of section 174

by deleting the words “and/”; and

by inserting after the words “apparatus assignment” the words “or both”.

Amendment of section 177

in paragraph (2)(g), by inserting before the word “rates”

the words “fees or”; and

by inserting after subsection (3) the following subsections:

“(4)  The Commission may, at any time, modify, vary or revoke the numbering and electronic addressing plan and publish such modification, variation or revocation.

)  The Commission may issue a direction under section 51 to any person to comply with any numbering and electronic addressing plan.

)  Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on any person who fails to comply with a direction of the Commission under subsection (5).”.

Amendment of section 182

by substituting for the words “five hundred thousand”

the words “one million”; and

by substituting for the words “five years” the words

“ten years”.

Amendment of section 183

by substituting for the words “five hundred thousand”

the words “one million”; and

by substituting for the words “five years” the words

“ten years”.

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Amendment of section 184

in subsection (1)—

by substituting for the words “the technical standards forum” the words “each technical standards forum”;

by substituting for the word “shall” the word

“may”; and

in paragraph (1)(a), by deleting the words

“, including, but not limited to, the provision of certain network capabilities such as calling line identification capability and pre-selection capability”;

in paragraph (2)(f), by deleting the word “and” at the end of the paragraph;

in paragraph 2(g), by substituting for the full stop at the end of paragraph the words “; and”; and

by inserting after paragraph (2)(g) the following paragraph:

“(h)  the safe emission of electromagnetic field.”.

Deletion of section 187

by substituting for subsection (2) the following subsection:

“(2)  The Commission may issue a direction under section 51 to any network facilities provider, network service provider, applications service provider or content applications service provider to comply with subsection (1).”; and

by inserting after subsection (2) the following subsection:

“(3)  Notwithstanding section 53, the Commission may impose a financial penalty not exceeding one million ringgit on a licensee who fails to comply with a direction under subsection (2).”.

Amendment of section 189

in subsection (1)—

by substituting for the words “a consumer forum”

the words “each consumer forum”; and

in paragraph (1)(b), by deleting the words “/or”

at the end of the paragraph; and

Communications and Multimedia (Amendment)

in subsection (2)—

by inserting after paragraph (2)(a) the following paragraph:

“(aa) quality of service standards and service level agreements;”; and

by inserting after paragraph (2)(c) the following paragraph:

“(ca) the prohibition of contract terms which are procedurally or substantively unfair or both;”.

Amendment of section 193

by deleting the words “freely or frequently”;

by deleting the words “determining and”; and

by deleting the word “competitive”.

Amendment of section 200

in the shoulder note, by substituting for the words

“determine persons or areas for” the word “set”; and

by substituting for the word “determine” the word “set”.

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Amendment of section 202

in subsection (1), by deleting the words “(“USP Fund”)”;

in subsection (2), by substituting for the word “USP”

wherever appearing the words “Universal Service

Provision”; and

by inserting after subsection (2) the following subsection:

“(3)  The Commission shall manage the Universal

Service Provision Fund with prudence and due care.”.

Amendment of section 205

by substituting for subsection (1) the following subsection:

“(1)  Subject to such exemptions as may be prescribed by the Minister by order published in the Gazette, no person shall provide a content applications service except under and in accordance with the terms and conditions of—

a valid individual licence granted under this Act;

or

Communications and Multimedia (Amendment)

a valid class licence granted under this Act, expressly authorizing the provision of the content applications service.”; and

in subsection (3)—

by substituting for the words “five hundred thousand” the words “one million”;

by substituting for the words “five years”

the words “ten years”; and

by substituting for the words “one thousand”

the words “one hundred thousand”.

Amendment of section 206

by substituting for subsection (3) the following subsection:

“(3)  A content applications service provider shall not provide any service except in accordance with all the conditions of the individual licence granted to that licensee under this Chapter or all the conditions of a class licence to which such content applications service provider is subject.”; and

by inserting after subsection (3) the following subsections:

“(4)  The Commission may issue a direction under section 51 to any licensee providing content applications service to comply with—

any applicable condition of the individual licence granted to that licensee under this Chapter; or

any applicable condition of a class licence to which such licensee is subject.

)  Notwithstanding section 53, the Commission may impose a financial penalty not exceeding five hundred thousand ringgit on a licensee who fails to comply with a direction under subsection (4).”.

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Amendment of section 208

in subsection (1)—

by substituting for the words “to decide”

the words “for an opinion”; and

by substituting for the words “whether the content is incidental content” the words “content incidental to the service provided”;

in subsection (4), by substituting for the words “three years from the date that the opinion is provided under subsection (2)” the words “one year from the date of the opinion”; and

in subsection (6), by inserting after the word “opinions”

the words “made under this section”.

Amendment of section 211

in the shoulder note, by substituting for the words

“offensive content” the words “indecent content, etc.”;

Communications and Multimedia (Amendment)

in subsection (1)—

by deleting the words “, or other person using a content applications service,”; and

by substituting for the words “offensive”

the words “grossly offensive”; and

in subsection (2)—

by substituting for the words “A person” the words

“A content applications service provider”;

by substituting for the words “fifty thousand”

the words “one million”;

by substituting for the words “one year” the words

“ten years”; and

by substituting for the words “one thousand”

the words “one hundred thousand”.

New section 211a

the content applications service provider has contravened any provision of Chapter 2 of Part IX;

the content applications service provider has breached any condition of its individual or class licence relating to content; or

the content applications service provider has failed to comply with any instrument issued, made or given by the Minister or the Commission relating to content.”.

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Amendment of section 212

in subsection (1), by substituting for the words “by the content forum” the words “by each content forum”; and

in subsection (2), by inserting after paragraph (b) the following paragraph:

“(ba) the types of tools which allow end users to filter or control content which they access;”.

Amendment of section 219

in the shoulder note, by deleting the words “, network facilities”; and

by deleting the words “, network facilities” wherever appearing.

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Amendment of section 229

)  Any person instructed by the Commission, under subsection (1), who without reasonable excuse fails to take any measure or comply with the written notice given by the

Commission under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding ten years or to both.

)  For the purposes of this section, “network security risk” means any risk or threat, if exploited or not mitigated, could pose a significant risk of damage or disruption to the operation of any network facilities, network service or applications service.”.

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Amendment of section 231

in the shoulder note, by substituting for the words

“Offence if use” the words “Use of”;

by substituting for the words “fifty thousand” the words

“one hundred thousand”;

in the national language text, by substituting for the words

“satu tahun” the words “tiga tahun”; and

in the English language text, by substituting for the words

“two years” the words “three years”.

Amendment of section 232

by substituting for the words “three hundred thousand”

the words “one million”; and

by substituting for the words “three years” the words

“ten years”.

Amendment of section 233

in paragraph (1)(a)—

by substituting for the word “offensive” the words

“grossly offensive”; and

by substituting for the words “or harass another person” the words “, harass or commit an offence involving fraud or dishonesty against, any person”;

Communications and Multimedia (Amendment)

by substituting for subsection (2) the following subsection:

“(2)  A person who commits an offence under subsection (1) shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both and shall also be liable to a further fine of five thousand ringgit for every day during which the offence is continued after conviction.”;

by substituting for subsection (3) the following subsection:

“(3)  Notwithstanding subsection (2), where the offence under paragraph (1)(a) has been committed against a child who is under the age of eighteen years, the person who commits the offence shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to a further fine of five thousand ringgit for every day or part of a day during which the offence is continued after conviction.

Explanation 1 — Obscene content may include content that gives rise to a feeling of disgust due to lewd portrayal which may offend a person’s manner on decency and modesty, having possibility of bringing negative influence and corrupting the mind of those easily influenced. In relation to a child, obscene content includes but not limited to child sexual grooming, sexual degradation that portrays any person as a mere sexual object or to demean the dignity, exploit or discriminate them, portrayal of sex or pornography including rape, attempted rape against child, sexual bestiality, whether consensual or otherwise.

Explanation 2 — Indecent content may include content which is profane in nature, improper and against generally accepted behavior, customary laws and culture. Content that portrays private parts based on arts, information or science which are not gross, are not indecent. In relation to a child, indecent content includes but not limited to content which is profane in nature, improper and inappropriate for a child according to a reasonable adult’s consideration.

Explanation 3 — Content that portrays private parts based on arts, information or science which are not gross such as sex education or anatomy, are not obscene or indecent.

Explanation 4 — False content may include content or information which are untrue, confusing, incomplete or fabrication of non-existent matters. Content in the form of satire and parody or where it is clear that it is fictional, are not false.

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Explanation 5 — Menacing content may include content which causes annoyance, harmful and evil threats, encourages and incites criminal act or leads to public disorder. In relation to a child, menacing content includes but not limited to—

content that may cause emotional disturbance such as, portrayal of gruesome death, and domestic violence; or

content that may cause a child to imitate the portrayal of such act, such as content with suicidal tendencies, dangerous physical acts, street crime acts, or usage of drug.

Explanation 6 — Grossly offensive content may include content that contains expletive and profane in nature that offends many people including crude references, hate speech and violence as follows:

crude references are obscene, offensive, coarse or profane words. However, the usage of those words in the context of their ordinary meaning and not intended to be used as crude language are not grossly offensive;

hate speech that refers to any word, visual, audio and gesture that are insulting or demeaning a person are grossly offensive.

portrayal of violence in news reporting in accordance with ethics for journalists are not grossly offensive.

In relation to a child, content which portrays violent scenes that depict humanitarian context or for the purpose of character and plot development, is not grossly offensive; or

any communication made in good faith is not grossly offensive as long as the communication consists of statements of fact, that are true in substances and facts, and consists of statements of opinion.”; and

by inserting after subsection (3) the following subsections:

“(4)  A person who knowingly—

by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or

permits a network service or applications service under the person’s control to be used for an activity described in paragraph (a), commits an offence.

Communications and Multimedia (Amendment)

)  A person who commits an offence under subsection (4) shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to a further fine of ten thousand ringgit for every day or part of a day during which the offence is continued after conviction.”.

New section 233a

by substituting for the words “fifty thousand” the words

“five hundred thousand”; and

by substituting for the words “one year” the words

“five years”.

Substitution of section 235

)  A person who has in his possession any network facilities or any part of them, whether in its original state or altered form, knowing or having reason to believe the same to be removed in the circumstances described in subsection (1)

commits an offence.

)  A person who commits an offence under subsection (1)

or (2) shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

)  In any prosecution for an offence under subsection (2), any person who has in his possession any network facilities or any part of them, whether in its original state or altered form is presumed to know or has a reason to believe that the same has been removed in the circumstances described in subsection (1), unless the contrary is proven.”.

Amendment of section 236

in paragraph (1)(a)—

by inserting after the words “imports,” the words

“exports,”;

by inserting after the word “supplies” the words

“, modifies”; and

by inserting after the word “hire” the words

“or distributes”;

in paragraph (1)(c)—

by inserting after the words “imports,” the words

“exports,”;

by inserting after the word “supplies” the words

“, modifies”; and

by inserting after the words “hire,” the word

“distributes”;

Communications and Multimedia (Amendment)

in subsection (3)—

by substituting for the words “five hundred thousand” the words “one million”; and

by substituting for the words “five years”

the words “ten years”; and

in subsection (4), in the definition of “counterfeit access device”, by inserting after the words “a counterfeit access device” the words “, which includes any access device

|that is primarily to assist in decoding an encrypted programme-carrying signal transmitted by any means without the authorization of the lawful distributor of such signal”.

New section 236a

)  This section shall not affect any liability under any other written law in respect of the conduct constituting the contravention.”.

Amendment of section 237

in subsection (1), by substituting for the words

“operate, or provide, or use,” the words “operate, provide or use”; and

in subsection (3), by deleting the words “and/”.

Laws of Malaysia 42

Amendment of section 238

by substituting for the words “fifty thousand” the words

“one hundred thousand”; and

by substituting for the words “one year” the words

“two years”.

Amendment of section 239

by substituting for the words “one hundred thousand”

the words “one million”; and

by substituting for the words “two years” the words

“ten years”.

Amendment of section 240

in the shoulder note, by substituting for the words

“Offence for distributing” the word “Distributing”;

by substituting for the words “one hundred thousand”

the words “two hundred thousand”; and

by substituting for the words “two years” the words

“three years”.

Amendment of section 241

in the shoulder note, by substituting for the words

“Offence for giving” the word “Giving”;

Communications and Multimedia (Amendment)

by substituting for the words “twenty thousand” the words

“five hundred thousand”; and

by substituting for the words “six months” the words

“five years”.

Amendment of section 242

by substituting for the words “one hundred thousand”

the words “one million”; and

by substituting for the words “two years” the words

“five years”.

Substitution of section 243

any offence under this Act or its subsidiary legislation as an offence which may be compounded; and

the method and procedure for compounding such offence.

)  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 a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Chairman of the Commission of a sum of money not exceeding fifty per centum of the amount of maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in his written offer.

Laws of Malaysia 44

)  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.

)  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.

)  Where an offence has been compounded under this section—

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

any document or thing seized in connection with the offence may be released by the Chairman of the

Commission, subject to such terms and conditions as the Chairman thinks fit.

)  All sums of moneys received by the Chairman of the

Commission under this section shall be paid into and form part of the Federal Consolidated Fund.”.

New section 244a

in paragraph (2)(a), by inserting after the words “computerized data” the words “and records”;

in subsection (4), by inserting before the words “they may be detained” the words “in so far as the search is for the investigation of an offence,”;

in subsection (6), by inserting after the words “computerized data,” wherever appearing the words “record,”; and

in subsection (7), by inserting after the words “computerized data,” the words “record,”.

Amendment of section 248

by inserting after the words “computerized data” wherever appearing the words “and records”; and

Laws of Malaysia 46

in subsection (1)—

by inserting after the words “A police officer”

the words “or an authorized officer”; and

by deleting the words “or an authorized officer conducting a search under section 247”.

Substitution of section 250

shall prepare—

a list of the equipments, instruments, materials, books, accounts, documents, goods, records or other things seized and shall sign the list; and

a written notice of the seizure containing the grounds for the seizure and shall sign the notice; and