Communications and Multimedia Act 1998

Communications and Multimedia Act 1998 · Act 588
Akta Komunikasi dan Multimedia 1998
Applies to: Federal (whole of Malaysia) · Official text ↗

Key points

The Act licenses and regulates network operators, broadcasters and online application and content services. The regulator is the Malaysian Communications and Multimedia Commission (MCMC, Suruhanjaya Komunikasi dan Multimedia Malaysia).
Section 233 makes it an offence to knowingly send or post content that is obscene, indecent, false, menacing or grossly offensive with intent to annoy, abuse, threaten or harass, and since 2025 with intent to commit fraud or dishonesty.
Amendments in force 11 February 2025 raised the s 233 maximum to RM500,000 and/or 2 years' jail, with up to 5 years where the victim is a child.
Section 211 now targets licensed content service providers rather than ordinary users, with fines up to RM1 million.
Since 1 January 2025, social media and messaging services with at least 8 million Malaysian users need a licence; the Online Safety Act 2025 took effect on 1 January 2026 and places safety duties on platforms, not on individual users.
In February 2026 the Federal Court held that the words 'offensive' and 'annoy' in s 233(1)(a) are constitutional.

What this law covers

The Communications and Multimedia Act 1998 (CMA, Akta 588) is the main law for the converged communications industry: telecommunications, broadcasting, internet access and online services. It sets up a licensing system for four types of provider: network facilities, network services, applications services and content applications services. It also covers technical standards, consumer protection, spectrum and numbering, and offences.

The Act is enforced by MCMC, a statutory body set up under the Malaysian Communications and Multimedia Commission Act 1998. MCMC licenses providers, issues directions, investigates complaints and, with the Public Prosecutor's consent, prosecutes offences.

Section 233: improper use of network services

Section 233 is the provision ordinary users most often meet. A person commits an offence if, using any network facilities, network service or applications service (for example WhatsApp, Facebook, TikTok, X, email or SMS), they knowingly:

make, create or solicit, and initiate the transmission of, any communication that is obscene, indecent, false, menacing or grossly offensive in character, with intent to annoy, abuse, threaten or harass another person, or (since 2025) with intent to commit fraud or dishonesty against any person (s 233(1)(a)); or
repeatedly or otherwise initiate communications, with or without revealing their identity, with intent to annoy, abuse, threaten or harass any person (s 233(1)(b)); or
provide obscene communications for commercial purposes, or knowingly let a service they control be used for that (s 233(2)).

Penalty (as amended, from 11 February 2025): a fine of up to RM500,000 or imprisonment of up to 2 years, or both, plus a daily fine for a continuing offence; up to 5 years where the offence involves a child under 18. Before the amendment the maximum was RM50,000 and/or 1 year.

'Grossly offensive'. The 2025 amendment replaced 'offensive' with 'grossly offensive' to set a higher threshold, and the government issued descriptions to guide investigators, prosecutors and courts on what that means.

Court challenge. In 2025 the Court of Appeal struck out the words 'offensive' and 'annoy' from s 233(1)(a) in a challenge brought by activist Heidy Quah. On 6 February 2026 a five-judge Federal Court unanimously reinstated them, holding that both words are consistent with the Federal Constitution.

Section 211 and content providers

Section 211 prohibits providing indecent, obscene, false, menacing or grossly offensive content with intent to annoy, abuse, threaten or harass. Under the 2025 amendment it applies to licensed content applications service providers (CASPs), such as broadcasters and content platforms, rather than members of the public, and the maximum fine rose from RM50,000 to RM1 million. A new s 211A lets MCMC direct a content provider that breaches the Act or its licence conditions to suspend its service for a period.

Content standards are set out in a voluntary industry Content Code registered with MCMC. Compliance with it can be a defence for providers.

Platform licensing (1 January 2025). MCMC announced in July 2024 that social media and internet messaging services with at least 8 million registered users in Malaysia must hold an Applications Service Provider Class Licence under the CMA from 1 January 2025. Smaller services, and users themselves, do not need a licence.
Online Safety Act 2025 (Act 866), in force 1 January 2026. It places duties on licensed platforms to reduce users' exposure to harmful content, with special safeguards for children (under 18). Duties include content moderation, reporting tools and help channels for users. Child sexual abuse material and financial fraud are treated as 'priority harmful content'. An Online Safety Committee and an appeal tribunal were set up. The Act regulates platforms, not individual users.
From 1 January 2026, large platforms are treated as licensed so that the new safety duties apply to them.

Other 2025 amendments

Penalties raised across the Act; failure to comply with MCMC directions on consumer protection can attract fines of up to RM1 million.
A new private right of action (s 236A) lets people who suffer loss from fraud involving access devices (s 235 or s 236) sue, whether or not there was a prosecution.
New provisions on unsolicited commercial electronic messages (spam) and on preserving communications data were passed but, as reported, take effect only on a later date to be set by the Minister.

How MCMC enforcement works

When MCMC receives a complaint or detects a possible offence, it can investigate using its powers under the Act. Possible outcomes include:

no further action if no offence is disclosed;
a request to the platform to remove content that breaches Malaysian law;
a compound (a fine paid to settle the offence without a trial), offered with the Public Prosecutor's consent; for example, in March 2025 a broadcaster's licence holder was compounded RM250,000 under the amended s 233;
prosecution in court.

The police can also investigate online offences under the Penal Code. If you are investigated, get legal advice early; see Getting legal help.

What ordinary users should know

Think before you post or forward. Forwarding a false or menacing message can itself be 'initiating the transmission' of it. Check facts with official sources before sharing.
Intent matters. Section 233(1)(a) requires that you acted knowingly and with intent to annoy, abuse, threaten or harass, or to defraud. Robust criticism is not automatically an offence, but threats, sexual harassment, doxxing and scam messages can be.
Other laws overlap. A post may also be defamation (civil or criminal), a Penal Code offence (for example criminal intimidation, stalking, or insulting modesty), or a PDPA issue if it involves a business misusing personal data.
If you are a victim: keep screenshots with dates and URLs, report the content to the platform, lodge a report with MCMC (its online complaints portal) and, for threats or harassment, a police report. For scams, call the National Scam Response Centre at 997 (24 hours) as fast as possible so that the money can be frozen.
If you are investigated: you have rights when questioned or arrested; see Your rights when arrested, and get a lawyer.

Laws cited on this page

Act 574	Penal Code · Kanun Keseksaan	Official text
Act 588	Communications and Multimedia Act 1998 · Akta Komunikasi dan Multimedia 1998	Official text
Act 589	Malaysian Communications and Multimedia Commission Act 1998 · Akta Suruhanjaya Komunikasi dan Multimedia Malaysia 1998	Official text
Act 866	Online Safety Act 2025 · Akta Keselamatan dalam Talian 2025	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
s 211	Content applications service providers must not provide indecent, obscene, false, menacing or grossly offensive content to annoy, abuse, threaten or harass; fine up to RM1 million (as amended 2025).
s 211A	MCMC may direct a content provider to suspend its service for breaches (new, 2025).
s 233(1)(a)	Knowingly sending or posting obscene, indecent, false, menacing or grossly offensive content to annoy, abuse, threaten or harass, or to defraud.
s 233(1)(b)	Repeated communications, with or without disclosing identity, to annoy, abuse, threaten or harass.
s 233(2)	Providing obscene communications for commercial purposes.
s 233(3)	Penalty: up to RM500,000 and/or 2 years (from 11 February 2025); higher where a child is involved.
s 236A	Private civil action for loss caused by access-device fraud under s 235 or s 236 (new, 2025).
Online Safety Act 2025 (Act 866)	Platform duties on harmful content and child safety, in force 1 January 2026.

Worked examples

Example 1: Threatening messages to an ex

Facts. After a break-up, Daniel sends his ex-girlfriend dozens of messages a day from new numbers, some saying she 'will regret it'.

The law. Repeated communications with intent to harass, with or without disclosing identity, fall under s 233(1)(b). Menacing messages fall under s 233(1)(a). The penalty is up to RM500,000 and/or 2 years.

Outcome. She should keep screenshots, block the numbers and lodge a police report and an MCMC complaint. The Penal Code offences of criminal intimidation and stalking may also apply.

Example 2: Forwarding a fake news message

Facts. Mak Cik Rohani forwards a viral message claiming a well-known brand's drinks contain poison. It is false.

The law. Section 233(1)(a) requires that she acted knowingly and with intent to annoy, abuse, threaten or harass (or defraud). If she genuinely believed it and meant to warn others, the intent element may be missing. Someone who invented the message knowing it was false is in a different position.

Outcome. She is unlikely to be the main target, but she should delete it, tell the group it was false, and check official sources before forwarding. The brand may also have a defamation claim against the originator.

Example 3: Scam SMS

Facts. A syndicate sends SMS messages pretending to be a bank, with a link to a fake login page.

The law. Since 2025, s 233(1)(a) covers false communications sent with intent to commit fraud or dishonesty. Penal Code cheating offences also apply.

Outcome. Do not click. If you have lost money, call the National Scam Response Centre (997) immediately and your bank, then make a police report.

Example 4: Influencer posts obscene content for money

Facts. A content creator runs a paid channel distributing obscene videos through a messaging app.

The law. Providing obscene communications for commercial purposes is an offence under s 233(2).

Outcome. MCMC can investigate and the platform can be directed to remove the content. A prosecution or a compound may follow.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Can I be charged for a rude comment on Facebook?

Only if the elements of s 233 are met: you knowingly posted content that is obscene, indecent, false, menacing or grossly offensive, with intent to annoy, abuse, threaten or harass (or to defraud). Since 2025 the threshold is 'grossly offensive', which is meant to be higher than merely rude. Threats and harassment are more likely to be prosecuted.

What is the penalty under s 233 now?

From 11 February 2025, a fine of up to RM500,000 or up to 2 years' jail or both, plus a daily fine for continuing offences, and up to 5 years where the offence involves a child. Offences committed before that date carry the old maximum of RM50,000 and/or 1 year.

Did a court strike down s 233?

In 2025 the Court of Appeal struck out the words 'offensive' and 'annoy' from s 233(1)(a). On 6 February 2026 the Federal Court reversed that, holding the words valid and constitutional. Section 233 therefore remains fully in force.

Do I need a licence to run a social media page or YouTube channel?

No. Licensing under the 2025 framework applies to platform providers with at least 8 million registered users in Malaysia, not to individual users or content creators.

What does the Online Safety Act 2025 mean for me?

It took effect on 1 January 2026 and places duties on licensed platforms, not on individual users. Platforms must provide tools to report harmful content and protect children. If a platform ignores your report about harmful content, you can complain to MCMC.

How do I report harmful content or online harassment?

Report it on the platform first, then lodge a complaint with MCMC through its online complaints portal. For threats, harassment or sexual content involving children, also make a police report. For scams, call the National Scam Response Centre on 997.

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Defamation Act 1957 Personal Data Protection Act 2010 Penal Code Your rights when arrested Federal Constitution Consumer rights