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MCMC wants internet service providers to comply with Communications and Multimedia Act 1998

07 Jul 2023, Malay Mail

KUALA LUMPUR, July 7 — Internet Service Providers (ISP) are required to make every effort to prevent criminal conduct on their platforms and promptly remove any online harm in view of the growing number of public complaints related to abuse of network facilities and services.

The Malaysian Communications and Multimedia Commission (MCMC), in a statement today, said it is taking the matter seriously and wants ISPs to provide a report with action plans addressing the issue of content infringement and outlining their future plans to enhance their capabilities in combatting online harms, ensuring information security and maintaining network integrity.

The main areas of concern regarding online harms include the dissemination of child sexual abuse material, online gambling, content inciting racial or religious discontent, scams and phishing, the sale and promotion of illegal drugs and prohibited substances, impersonation, the spread of disinformation and fake news, and the unlicensed sale of health products, read the statement.

In urging ISPs to fulfil their obligations and duties as required under the Communications and Multimedia Act 1998 (CMA 1998), it said section 263 of the CMA 1998 requires them to use their best endeavours to prevent the services that they provide from being used to commit any offence, and to prevent the commission or attempted commission of an offence under Malaysian laws.

Henceforth, it would require the commitment of ISPs in allocating sufficient resources, and expertise to promptly ensure that the requirements of this Section are met, said MCMC.

The law also requires ISPs to carry out any request or instructions from the MCMC in preventing the commission or attempted commission of an offence under any written law of Malaysia or otherwise in enforcing the laws of Malaysia, including but not limited, to the protection of the public revenue and preservation of national security.

Citing Section 244 of the law, not only the organisation, but also its directors, chief officers, or individuals who effectively control the company may face charges if they knowingly facilitate criminal activities after being informed of such crimes being committed.

“This provision is intended to prevent the abuse of Internet platforms for illegal purposes,” it said. — Bernama

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