Laws in Malaysia
Laws Related To Online Violence
Online Safety Act 2025
The Online Safety Act 2025 aims to promote and enhance online safety in Malaysia by regulating harmful content and providing for duties and obligations on applications service providers, content applications service providers and network service providers. The Act was passed in Parliament in 2024 and gazetted in May 2025. It is expected to come into force after several key related regulations are passed.
Here are the main features of the Act:
- The Act defines several categories of harmful content, including content on child sexual abuse material, financial fraud, and content that may cause harassment, distress, fear or alarm, incite violence or terrorism, or may induce a child to cause harm to himself. Of these, content on child sexual abuse material and financial fraud are defined as priority harmful content.
- The Act also imposes several duties on applications service providers (ASPs) and content applications service providers (CASPs), including the duty to implement measures to mitigate users’ risk of exposure to harmful content, make available a mechanism for reporting harmful content, to protect the online safety of child users, and to establish a mechanism for making priority harmful content inaccessible to all users.
- Under the Act, an Online Safety Committee is established to advise and give recommendations to the Malaysian Communications and Multimedia Commission (MCMC) on matters related to online safety.
- The Act also provides for the establishment of an Online Safety Appeal Tribunal is set up to review decisions made by the MCMC under the Act.
In 2024, civil society organisations came together to register their concerns about the passing of this piece of legislation in Parliament. To learn more, read Part 1 and Part 2 of the Joint Memorandum by the Online Safety Advocacy Group on the proposed Penal Code (Amendment) Bill & Online Safety Bill.
Communications and Multimedia Act 1998 (CMA)
| Sections | Offences | Punishments |
| 211 | Indecent, obscene, false, menacing, or grossly offensive content (by content applications service provider). | Imprisonment for a maximum of 10 years or maximum RM1 million fine or both and also liable to a further fine of RM100,000 for every day or part of a day during which the offence is continued after conviction. |
| 233 | Improper use of network facilities or network service to communicate content which is obscene, indecent, false, menacing or grossly offensive with intent to annoy, abuse, threaten, harass or commit an offence involving fraud or dishonesty against, any person. | Imprisonment for a maximum of 2 years or maximum RM500,000 fine or both and also liable to a further fine of RM5,000 for every day during which the offence is continued after conviction. Where the offence has been committed against a child below 18 years old, the convicted offender is liable to imprisonment for a maximum of 5 years or maximum RM500,000 fine or to both and also liable to a further fine of RM5,000 for every day or part of a day during which the offence is continued after conviction. Where obscene communication is provided for commercial purposes, the convicted offender is liable to imprisonment for a maximum of 5 years or maximum RM1 million fine or to both and also liable to a further fine of RM10,000 for every day or part of a day during which the offence is continued after conviction. |
Penal Code
| Sections | Offences | Punishments |
| 292 | When a person sells, distributes, produces, possesses, etc., any forms of obscene materials (except for good religious purposes). | Imprisonment for a maximum of 3 years or fine or both. |
| 293 | When a person sells, distributes, circulates, etc., any forms of obscene materials to any person under the age of 20. | Imprisonment for a maximum of 5 years or fine or both. |
| 294 | When a person, to the annoyance of others, does any obscene act in any public place, sings, recites or utters any obscene song or words. | Imprisonment for a maximum of 3 months or fine or both. |
| 377D | Outrages on decency. | Imprisonment for a maximum of 2 years. |
| 503, 506, & 507 | When a person threatens another with any injury to his person, reputation or property with the intent to cause alarm to that person, even by using an anonymous communication. | Imprisonment for maximum 2 years or fine or both. In addition, imprisonment maximum 2 years for using anonymous communication. |
| 507A | Stalking. This may include communicating or attempting to communicate with a person in any manner or by any means. | Imprisonment for a maximum of 3 years or with fine or both. |
| 507B | Causing harassment, distress, fear, or alarm. | Imprisonment for a maximum of 3 years or with fine or both. |
| 507C | Causing harassment, distress, fear, or alarm to a person likely to feel harassed, distressed, fear or alarmed. | Imprisonment for a maximum of 1 year or fine or both. |
| 507D.(1) | Causing a person to believe that harm will be caused. | Imprisonment for a maximum of 1 year or with fine or both. |
| 507D.(2) | Causing a person to believe that harm will be caused, and if the person provoked attempts to commit suicide or commits suicide as a result of provocation. | Imprisonment for a maximum of 10 years or fine or both. |
| 507E | Publishing, circulating or making available any identity information to cause harassment, distress, fear or alarm. | Imprisonment for a maximum of 3 years or fine or both. |
| 507F | Publishing, circulating or making available any identity information to cause a person to believe that harm will be caused; or does so in a way that is likely to facilitate harm to a person or his related person. | Imprisonment for a maximum of 1 year or fine or both. |
| 507G | Definitions of “harm”, “identity information” and “related person” (in relation to Sections 507D, 507E and 507F). Harm means harm to a person’s body, mind, reputation or property, including psychological harm. Identity information means any information that identifies or purports to identify a person. Related person means, in relation to a person, any person whose safety or well-being would reasonably be expected to be of concern of the first-mentioned person. | See Sections 507D, 507E and 507F. |
| 509 | Word or gesture intended to insult the modesty of any person. | Imprisonment for a maximum of 5 years or fine or both. |
In 2024, civil society organisations came together to register their concerns about the passing of amendments related to the Communications and Multimedia Act 1998 and the Penal Code in Parliament. To learn more, read Part 1 and Part 2 of the Joint Memorandum by the Online Safety Advocacy Group on the proposed Penal Code (Amendment) Bill & Online Safety Bill, as well as the Press Statement by the SOAC & ECWA Advocacy Goup dated 4 December 2024 on the proposed amendments to the Communications and Multimedia Act 1998.
Sexual Offences Against Children Act 2017 (SOAC)
| Sections | Offences | Punishments |
| 5 | Making, producing, directing the making or production of child sexual abuse material. | Imprisonment maximum 30 years and minimum 6 strokes of whipping. |
| 6 | Making preparation to make, produce or direct the making or production of child sexual abuse material. | Imprisonment maximum 10 years and liable for whipping. |
| 7 | Using a child in making, producing, directing the making or production of child sexual abuse material. | Imprisonment maximum 20 years and minimum 5 strokes of whipping. |
| 8 | Exchanging, publishing of child sexual abuse material. | Imprisonment maximum 15 years and minimum 3 strokes of whipping. |
| 9 | Selling child sexual abuse material to a child | Imprisonment maximum 15 years and minimum 5 strokes of whipping. |
| 10 | Accessing child sexual abuse material. | Liable to imprisonment maximum 5 years or fine maximum RM10,000 or to both. |
| 11 | Sexually communicating with a child (except for education, scientific/medical purposes). | Imprisonment maximum 3 years. |
| 12 | Child grooming. | Imprisonment maximum 5 years and liable for whipping. |
| 13 | Meeting following child grooming. | Imprisonment maximum 10 years and liable for whipping. |
| 14 | Physical sexual assault on a child. | Imprisonment maximum 20 years and liable for whipping. |
| 15 | Non-physical sexual assault on child e.g. makes a child exhibits the child’s body to be seen by others for sexual purposes. | Imprisonment maximum 10 years or fine maximum RM20,000 or both. |
| 15A | Sexual performance by a child. | Imprisonment maximum 20 years and liable for a fine maximum RM50,000. |
| 15B | Sexual extortion of a child. | Imprisonment maximum 10 years. |
| 16 | If a person in a relationship of trust commits any offence under this Act, punishment to be more severe. Persons in relationship of trust include: a) parent/guardian/relative b) babysitter c) teacher/lecturer/warden d) healthcare providers e) coach f) public servant | In addition to punishment for such an offence, will be punished with further imprisonment maximum 5 years and whipping minimum 2 strokes. |
| 19 | Failure to give information – Any person who fails to give information of any child sexual abuse case to the police commits an offence. | Liable to a fine maximum RM5,000. |
| 25 | Provisions regarding whipping: If a person convicted under this Act is a male over 50 years of age. | Is still liable for whipping. |
| 26 | Rehabilitative counselling. | The court may, in addition to any punishment imposed, order a period of rehabilitative counselling on the person convicted within the period of his detention. |
| 27 | Police supervision. | When a person is convicted of any offence under this Act, the court shall direct that he be subject to the supervision of the police for a period of not less than one year and not more than three years after the expiration of the sentence passed on him. |
Child Act 2001 and the Child (Amendment) Act 2016
| Sections | Offences/Terms | Punishments |
| 15 | Restrictions on media reporting and publication – Any mass media shall not reveal the name, address or educational institution, picture or include any particulars calculated to lead to the identification of any child involved in any criminal court proceedings including investigation stage under this Act. | Liable to an imprisonment for a maximum of 5 years or maximum RM10, 000 fine or both. |
| 17(2c) | A child is sexually abused if he has taken part, whether as a participant or an observer, in any activity which is sexual in nature for the purpose of – i. Any pornographic, obscene or indecent material, photograph, recording film, videotape or performance; or ii. Sexual exploitation by any person for that person’s or another person’s sexual gratification | |
| 27, 28, 29 | Duty to inform – A medical officer or medical practitioner, or member of the family, or childcare provider who believes that a child is physically or emotionally injured due to being ill-treated, neglected, abandoned or exposed or is sexually abused, shall immediately inform a Social Welfare Officer. | Failure to inform – Liable to imprisonment for a maximum of 2 years or maximum RM5,000 fine or both. |
| 29A | Duty to inform – Any person other than those referred in Sections 27,28,29 who believes that a child is physically or emotionally injured due to being ill-treated, neglected, abandoned or exposed or is sexually abused, may inform a Social Welfare Officer. | No penalty. |
| 31(1) | Ill-treatment of children and teenagers- Any person who having the care of a child – (a) abuses, neglects, abandons or exposes the child or acts negligently in a manner likely to cause him physical or emotional injury; or (b) sexually abuses the child or causes or permits him to be so abused. | Liable to a maximum RM50,000 fine or imprisonment for a maximum of 20 years or both. In addition, may be ordered to execute a bond for good behaviour and perform community service. |
| 32 | Children and teenagers not to be used for begging or any illegal activities – Any person who causes a child to carry out any such activities will be punished. | Liable to a maximum RM20, 000 fine or imprisonment for a maximum of 5 years or both. In addition, may be ordered to execute a bond for good behaviour and perform community service. |
| 33 | Any person leaving children and teenagers without reasonable supervision will be punished. | Liable to a maximum RM20,000 fine or imprisonment for a maximum of 5 years or both. In addition, may be ordered to perform community service. |
| 116 | Any person who gives any information that a child is in need of protection shall not incur any liability for defamation or otherwise, shall not be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct for giving such information. | No penalty. |
Check out useful resources on Online Violence.