Malaysia tightens grip on deepfakes with social media enforcement

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Malaysia’s Communications ministry (MCMC) is reportedly using provisions under the Online Safety Act 2025 to curb deepfake content, including potential action against social media platforms.

Minister Fahmi Fadzil told the Dewan Negara during Question Time that investigations show most deepfake material circulating online is spread via the platforms themselves, Bernama reported.

Fahmi reportedly explained that most deepfake content appears online without accompanying text, suggesting it is distributed as paid advertising, with scammers paying platforms to target Malaysian users. He made the remarks while addressing Senator Tiew Way Keng’s questions on licensing and accountability for large platforms and safeguarding children and families.

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The minister added that enforcement under both the Communications and Multimedia Act 1998 (Act 588) and ONSA has reportedly strengthened online safety for children, families, and vulnerable groups. The government is also mindful of the misuse of digital technologies, including AI-generated deepfakes and online defamation, which threaten public safety, social order, and individual dignity.

In addition, the Malaysian Communications and Multimedia Commission (MCMC) is reportedly taking proactive steps against harmful content involving public interest, crime, abuse, threats, and provocation. Cooperation with social media platforms and enforcement agencies is being intensified to curb AI-generated harmful content.

Fahmi reportedly added that the subsidiary instruments allow for compound penalties to be imposed on platforms, not individual users, if deepfake content continues to spread after the rules take effect, serving as a deterrent.

The licensing framework came into effect on 1 Jan 2025, and from 1 Jan 2026, internet messaging and social media service providers with eight million or more Malaysian users are automatically deemed registered as Application Service Provider (Class) licence holders under Section 46A of Act 588.

Looking ahead, the MCMC may take enforcement action under Act 588 and ONSA, along with relevant regulatory instruments, against service providers that fail to comply with directives or statutory obligations.

The government’s push against harmful online content comes as it also plans to challenge a court ruling from August last year that effectively decriminalised offensive online comments under Section 233 of the Communications and Multimedia Act 1998. Fahmi told Parliament at the time that the attorney general would appeal the decision to the Federal Court, leaving the process under close monitoring by his ministry.

The Court of Appeal had ruled that the words “offensive” and “annoy” in Section 233 were unconstitutional, citing a lack of clear standards and the potential for a chilling effect on free speech, while noting that false statements intended to threaten, abuse, or harass could still be prosecuted.

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