Malaysian Communication and Multimedia Act of 1998 (CMA 1998), Act 588

Document type
Legislation
Country
This Act provides a legal mandate to defend a free and open internet. Malaysia is one of the only countries in the world where a free and open internet is mandated by law. This mandate is overseen by the Malaysian Multimedia and Communications Commission (MMCC), an independent regulator tasked with oversight of mobile and internet providers (see below).
(1) Section 3(3) CMA 1998 states: “Nothing in this Act shall be construed as permitting the censorship of the Internet.” 
(2) The CMA sets out the conditions for Malaysia’s objectives to create a national policy framework for the convergence industries. It establishes Codes of practice to self-regulate the content industries. 
(i) Section 213 CMA 1998 makes clear that a Content Code should be drafted in such a way as to provide model procedures for dealing with offensive or indecent content. Despite Section 3(3) CMA 1998, Section 213 CMA 1998 provides a non-exhaustive list of broadly worded categories for a Content Code which should include restrictions on the provision of unsuitable content; methods of classifying content; procedures for handling public complaints and for reporting information about complaints to the Commission; the representation of Malaysian culture and national identity; public information and education regarding content regulation and technologies for the end user control of content; and other matters of concern to the community. 
(ii) Section 95 CMA 1998 states that “An industry forum may prepare a voluntary industry code dealing with any matter provided for in this Act – (a) on its own initiative; or (b) upon request by the Commission. 
(iii) Section 99 CMA 1998 states that the Commission may direct a person or a class of persons to comply with a registered voluntary industry code. 
(iv) Section 98(2) CMA 1998 states that “compliance with a registered voluntary industry code shall be a defence against any prosecution, action or proceeding of any nature, whether in a court or otherwise, taken against a person (who is subject to the voluntary industry code) regarding a matter dealt with in that code.”
Country
Year
1998
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Type of law
Civil