MALAYSIA
Reported in 2021, last reported in 2025
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Malaysia imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20191107234516/https://www.freedomonthenet.org/country/malaysia/freedom-on-the-net/2019
- https://web.archive.org/web/20231201131235/https://malaysiaesim.com/sim-card/
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MALAYSIA
Since December 2024
Pillar Intermediary liability |
Indicator Monitoring requirement
Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers (Kod Tatalaku (Amalan Terbaik) untuk Penyedia Perkhidmatan Pesanan Internet dan Penyedia Perkhidmatan Media Sosial)
Section 4.2 of the "Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers" stipulates that Internet messaging and social media service providers shall: establish clear, comprehensive, and resilient systems, mechanisms, and procedures to ensure the prompt identification, evaluation, and removal of harmful content; maintain a dedicated, locally based content moderation team within Malaysia that is consistently available and adequately trained and supported; and prevent and eradicate child sexual abuse material by immediately reporting any identified harmful content to the relevant law enforcement authorities, including the Commission, and ensuring its removal within 24 hours of such reporting, or otherwise handling the material in accordance with the directions issued by the competent law enforcement agency or agencies.
Coverage Internet messaging and social media service providers
Sources
MALAYSIA
Reported in 2024, last reported in 2025
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Reported blocking of social network access
It is reported that access to Grindr began to be blocked in Malaysia on 17 April 2024. Although the restriction has not been implemented uniformly across all networks, it has continued into 2025.
Coverage Grindr
MALAYSIA
Since September 1998, entry into force in April 1999
Since April 2000, as amended in April 2022
Since April 2000, as amended in April 2022
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Guidelines of the Malaysian Communications and Multimedia Commission (MCM)
Communications and Multimedia (Licensing) Regulations 2000 (Peraturan-peraturan komunikasi dan multimedia (pelesenan) 2000 [p.U.(a) 129/2000] )
Communications and Multimedia (Licensing) Regulations 2000 (Peraturan-peraturan komunikasi dan multimedia (pelesenan) 2000 [p.U.(a) 129/2000] )
According to the guidelines issued by the Malaysian Communications and Multimedia Commission (MCMC), Content Applications Service Providers (CASP) and Applications Service Providers (ASP) must obtain the relevant licenses to operate in Malaysia. In assessing the shareholding structure of an applicant, the MCMC considers the need to promote local small and medium-sized enterprises (SMEs) of Malaysian origin within the information and communications technology industry.
Furthermore, under Part IV of the Communications and Multimedia (Licensing) Regulations 2000, as amended in April 2022, a new licensed category was introduced for cloud service providers and data centres hosting cloud service applications under the ASP classification. Cloud service providers with a local presence are required to apply for an ASP license and are permitted to remain fully foreign-owned. However, cross-border suppliers of cloud services without a local presence do not need to register or obtain ASP licenses.
Furthermore, under Part IV of the Communications and Multimedia (Licensing) Regulations 2000, as amended in April 2022, a new licensed category was introduced for cloud service providers and data centres hosting cloud service applications under the ASP classification. Cloud service providers with a local presence are required to apply for an ASP license and are permitted to remain fully foreign-owned. However, cross-border suppliers of cloud services without a local presence do not need to register or obtain ASP licenses.
Coverage Content applications service providers and applications service providers
Sources
- https://web.archive.org/web/20260313213626/https://www.mcmc.gov.my/skmmgovmy/media/General/Licence/2025/MCMC_Licensing-Guidebook_150425.pdf
- https://web.archive.org/web/20240113022805/https://www.skmm.gov.my/skmmgovmy/media/General/pdf/Licensing-Guide-Book-310817_Updated.pdf
- https://web.archive.org/web/20220806224939/https://www.mcmc.gov.my/skmmgovmy/media/General/pdf2/Suruhanjaya-Komunikasi-dan-Multimedia-Malaysia_Licensing-Guidelines_Jun2022.pdf
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20080724022830/http://www.commonlii.org/my/legis/consol_reg/camr2000481/s30.html
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MALAYSIA
Since July 2024, entry into force in January 2025
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Communications and Multimedia (Licensing) (Exemption) (Amendment) Order 2024
Under Section 3 of the "Communications and Multimedia (Licensing) (Exemption) (Amendment) Order 2024", providers of social media platforms and internet messaging services with more than eight million users in Malaysia are required to obtain a licence.
Coverage Providers of social media platforms and internet messaging services
Sources
- https://web.archive.org/web/20250505075707/https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/2251345/PUA%20206%20(2024).pdf
- https://web.archive.org/web/20260313201801/https://digitalpolicyalert.org/event/22133-implemented-communications-and-multimedia-licensing-exemption-amendment-order-2024-pu-a-2062024
- https://insightplus.bakermckenzie.com/bm/data-technology/malaysia-introduces-licensing-for-social-media-and-internet-messaging-services
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MALAYSIA
Since October 2015
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Certification Requirements for Compliance Approval on Communication, Multimedia and Hybrid Equipment
According to the Certification Requirements for Compliance Approval on Communication, Multimedia, and Hybrid Equipment, import licenses are required for hybrid ICT products. These include those devices with multiple features, including toys, medical devices, and computer products.
Coverage Hybrid ICT products
MALAYSIA
Since 2013
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
It is reported that in Malaysia, electromagnetic compatibility (EMC) requirements for communication equipment require the equipment to be physically submitted to the national regulator or its delegated body, SIRIM QAS, for formal certification. In contrast, electromagnetic interference (EMI) remains outside any mandatory assessment regime.
SIRIM QAS International is the sole certifying agency appointed by the Malaysian authority. Type Approval is mandatory for a communications product before it can be sold in Malaysia. Among the products that need to be certified are netbooks, tablet PC, mobile phones, security devices, smart TVs, WiFi/3G/Bluetooth modules and broadcasting equipment. Foreign applicants shall appoint a local management representative in Malaysia to be responsible for the Type Approval application. As a member of the Asia-Pacific Economic Cooperation Mutual Recognition Arrangement (APEC-MRA), Malaysia accepts product approvals issued by APEC members.
SIRIM QAS International is the sole certifying agency appointed by the Malaysian authority. Type Approval is mandatory for a communications product before it can be sold in Malaysia. Among the products that need to be certified are netbooks, tablet PC, mobile phones, security devices, smart TVs, WiFi/3G/Bluetooth modules and broadcasting equipment. Foreign applicants shall appoint a local management representative in Malaysia to be responsible for the Type Approval application. As a member of the Asia-Pacific Economic Cooperation Mutual Recognition Arrangement (APEC-MRA), Malaysia accepts product approvals issued by APEC members.
Coverage Electronic products, including netbook, tablet PC, mobile phone, security devices, smart TV, WiFi/3G/Bluetooth module and broadcasting equipment
Sources
- https://web.archive.org/web/20220120102514/https://members.wto.org/crnattachments/2013/tbt/MYS/13_1791_00_e.pdf
- https://web.archive.org/web/20241107102013/https://www.sirim-qas.com.my/wp-content/uploads/2021/07/eTAC_DOC_01-1.1-CERTIFICATION-REQUIREMENTS-Issue-2-Rev-1.pdf
- https://web.archive.org/web/20230329220908/https://www.sirim-qas.com.my/our-services/product-certification/product-certification-scheme/
- https://web.archive.org/web/20231214202840/http://www.qman-consulting.com/MALAYSIA-SIRIM.html
- https://web.archive.org/web/20260225230232/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/IT/W17R31.pdf&Open=True
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MALAYSIA
Since June 2010, last amended in 2025
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Act 2010 - Act No. 709 (Akta Perlindungan Data Peribadi 2010 - Akta 709)
The Personal Data Protection Act provides a comprehensive regime of data protection in Malaysia.
Coverage Horizontal
MALAYSIA
Since June 2010, as amended in October 2024, entry into force in June 2025
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Data Protection Act 2010 - Act No. 709 (Akta Perlindungan Data Peribadi 2010 - Akta 709)
Section 12a of the Personal Data Protection Act requires both data controllers and data processors to designate at least one data protection officer responsible for ensuring their respective compliance with the Act.
Coverage Horizontal
Sources
MALAYSIA
Since July 1936, last amended in March 2017
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Criminal Procedure Code (Kanun Prosedur Jenayah (Akta 593))
Section 116B of the Criminal Procedure Code provides that a police officer conducting a search under the Code must be given access to computerised data, whether stored in a computer or otherwise. For the purpose of this section, 'access' includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerised data. It is not clear whether a court order is needed to access the information.
Coverage Horizontal
Sources
- https://cyrilla.org/api/files/1568727997327dm3cpb84eaw.pdf
- https://www.dataguidance.com/notes/malaysia-third-country-assessment
- https://web.archive.org/web/20230129131102/https://clfr.globalnetworkinitiative.org/country/malaysia/
- https://web.archive.org/web/20231111073739/https://www.sprm.gov.my/admin/files/sprm/assets/pdf/penguatkuasaan/kanun-prosedur-jenayah-bm.pdf
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MALAYSIA
Reported in 2018, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Maximum foreign equity shares
Although no general limits are placed on foreign equity ownership in the telecommunications sector, a restriction applies in the case of a single government‑controlled company. It is reported that the national telecommunications company, Telekom Malaysia, is subject to a foreign ownership ceiling of 30%, with individual investors permitted to hold no more than 5%.
Coverage Telekom Malaysia
Sources
- https://web.archive.org/web/20260313004013/https://www.state.gov/reports/2025-investment-climate-statements/malaysia/
- https://web.archive.org/web/20231002182126/https://www.state.gov/reports/2023-investment-climate-statements/malaysia/
- https://web.archive.org/web/20230802214420/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20230210002549/https://www.wto.org/english/tratop_e/tpr_e/s436_e.pdf
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MALAYSIA
Reported in 2017, last reported in 2026
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that more than 50% of the shares of Telekom Malaysia, Malaysia's incumbent telecommunications operator, are owned by sovereign wealth funds, boards and companies linked to the government or state-owned enterprises. As of 2025, the government also retains a minority shareholding in the telecommunications company Digital Nasional Berhad, amounting to a 41.67% stake.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260312205614/https://www.tm.com.my/corporate/structure#capital-structure
- https://web.archive.org/web/20231207190549/https://www.tm.com.my/corporate/structure#capital-structure
- https://web.archive.org/web/20221226065336/https://www.tm.com.my/corporate/Pages/capital_structure.html
- https://web.archive.org/web/20211026023702/https://www.tm.com.my/investorrelations/Pages/assets/docs/Corporate%20Presentations/Equity-Investor%20Conference%20and%20Others/TM-Corporate-Info-29-March-20...
- https://web.archive.org/web/20260313002050/https://mof.gov.my/portal/pdf/bahagian/gic/Senarai-Syarikat-MKD.pdf
- https://developingtelecoms.com/telecom-business/operator-news/19910-dnb-heads-to-private-status-after-celcomdigi-and-maxis-buy-mof-shares.html
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MALAYSIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Malaysia does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of accounting separation since 2016.
Coverage Telecommunications sector
MALAYSIA
Since April 2000, last amended in April 2022
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Communications and Multimedia (Licensing) Regulations 2000 (Peraturan-peraturan komunikasi dan multimedia (pelesenan) 2000 [p.U.(a) 129/2000] )
Applications for individual licenses are reportedly assessed on a case-by-case basis. The Minister may grant a license based on the recommendations of the Malaysian Communications and Multimedia Commission (MCMC) under the Communications and Multimedia Act (CMA), taking into account the specified documents outlined in Regulation 7 of the Communications and Multimedia (Licensing) Regulations 2000. Applicants must submit an application to the MCMC, provide supporting documentation, and pay an application fee of RM 10,000 (approx. 2,000 USD) per individual license. The MCMC then has 60 days to evaluate the application and make a recommendation to the Minister, who has 30 days to approve it.
It is reported that the acquisition of a licence in the telecommunications sector is subject to various restrictions, including a legally prescribed limit on the number of licences that may be issued, minimum capital requirements for applicants, and other regulatory conditions.
It is reported that the acquisition of a licence in the telecommunications sector is subject to various restrictions, including a legally prescribed limit on the number of licences that may be issued, minimum capital requirements for applicants, and other regulatory conditions.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231028173110/https://www.mcmc.gov.my/Skmmgovmy/Media/General/Pdf/Act588Bi_3.Pdf
- https://web.archive.org/web/20230210002549/https://www.wto.org/english/tratop_e/tpr_e/s436_e.pdf
- https://web.archive.org/web/20220224202115/https://www.wto.org/english/tratop_e/tpr_e/s366_e.pdf
- https://web.archive.org/web/20260315170209/https://datahub.itu.int/data/?i=100051&s=12589&e=MYS
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MALAYSIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Malaysia has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240917181619/https://www.wto.org/English/tratop_e/serv_e/telecom_e/sc52.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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