KUALA LUMPUR (16 DECEMBER 2025) – The Office of the Children’s Commissioner (OCC) under the Human Rights Commission of Malaysia (SUHAKAM) welcomes and supports the initiative by the Malaysian Communications and Multimedia Commission (MCMC) where large-scale Internet messaging and social media service providers would be deemed registered holders of application service provider licences, effective Jan 1, 2026. This is pursuant to the new Section 46A of the Communications and Multimedia Act 1998 (Deeming Provision) and OCC commends this as a significant step in enforcing the Online Safety Act 2025 in Malaysia.
OCC views this regulatory measure as a significant step towards strengthening the accountability of digital platforms operating in Malaysia, particularly in safeguarding children in online environments. Under the Convention on the Rights of the Child (CRC), to which Malaysia is a State Party, children have the right to be protected from all forms of harm, abuse, exploitation and violence, including in digital spaces. These protections are clearly articulated under Articles 3, 19, 34 and 36 of the CRC, which require States, as well as relevant non-State actors, to take proactive and preventive measures to address foreseeable risks to children.
The Child Act 2001 imposes a clear duty on all parties to protect children from physical, emotional and psychological harm, neglect, abuse and exploitation. In today’s digital landscape, this duty necessarily extends to online environments where children increasingly learn, communicate and socialise. Digital platforms that facilitate large-scale online interaction therefore bear a responsibility to ensure that their services are designed, governed and enforced in ways that do not expose children to harm or undermine their well-being.
OCC emphasises that service providers have a duty of care to ensure that their platforms are safe by design and by default for children. This includes implementing effective age-appropriate safeguards, preventing access to harmful content, addressing risks of online sexual exploitation and abuse, ensuring robust content moderation, and providing accessible reporting and remedy mechanisms. The best interests of the child, as a primary consideration under Article 3 of the CRC, must guide platform policies, system design and enforcement practices.
The Deeming Provision introduced by MCMC reinforces the principle that platforms benefiting from significant user bases in Malaysia must also accept corresponding responsibilities under the national regulatory framework. OCC supports MCMC’s efforts to ensure that service providers operate within a clear, consistent and enforceable system that upholds children’s rights to safety, dignity, privacy and development.
OCC looks forward to strengthening its collaboration with MCMC, relevant government agencies and service providers to advance a safer digital ecosystem for children. Protecting children online is not optional but it is a legal and moral obligation under both international human rights law and Malaysia’s domestic child protection framework.
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Detailed information on the implementation of the Deeming Provision can be accessed here or by scanning the QR:
FAQ on Deeming Provision
Office for Children’s Commissioner (OCC)
Human Rights Commission of Malaysia (SUHAKAM)
16 December 2025
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MS