Subsidiary Legislation and Frequently Asked Questions issued for the Online Safety Act 2025
06 January 2026
The Online Safety Act 2025 (“
ONSA 2025”) has come into force on 1
st January 2026 as appointed by the Minister of Communications
1 (“
Minister”). As this is a new legislation, the Minister has issued four pieces of subsidiary legislation and the Malaysian Communications and Multimedia Commission (“
MCMC”) has published a set of Frequently Asked Questions on ONSA 2025 (“
ONSA 2025 FAQs”), which will be discussed in this Alert. The Regulations discussed also came into force on 1
st January 2026.
- ONSA 2025 FAQs2
The ONSA 2025 FAQs outline the responsibilities of the service providers, what is considered as harmful content and priority harmful content and expected changes to be experienced by users.
MCMC has reiterated in the ONSA 2025 FAQs the deeming provision that all Internet messaging and social media service providers with eight million or more users in Malaysia are automatically Class Licence Applications Service Providers. MCMC has also clarified that ONSA 2025 is binding on Applications Service Providers, Content Applications Service Providers and Network Service Providers (“Service Providers”), but does not apply to individuals.
On the issue of age verification, although MCMC does not limit the methods of doing so, they have reiterated in the ONSA 2025 FAQs that they are examining possible methods using official Government documents through a regulatory sandbox involving the relevant agencies and social media platforms.
As the overarching aim is to safeguard children, families and vulnerable groups from harmful content, the document also explains how ONSA 2025 would assist parents in safeguarding their children and how it would benefit Malaysians.
- Online Safety (Period) Regulations 2025 [P.U.(A) 465/2025]
These Regulations specify the period within which the Service Providers are to conduct specified actions under ONSA 2025. For Applications Service Providers, this includes the time taken for responding to and informing the user of reports made by him and the period for making harmful content and priority harmful content inaccessible, among others. The Regulations also provide the period for MCMC to conduct specified actions including the duration within which to inform users of the status of their report and notify users of their decision, among others.
It is important for the relevant parties to adhere to the specified period as failure to do so is an offence which on conviction shall make them liable to a fine not exceeding one million ringgit.
- Online Safety (Fees) Regulations 2025 [P.U.(A) 466/2025]
ONSA 2025 provides that MCMC may issue directions to Service Providers and shall maintain a register of such directions. The fee to inspect this register has been set by these Regulations at one hundred ringgit whilst making copies or taking extracts from the register is subject to a fee of one ringgit per page.
- Online Safety (Form of Undertaking) Regulations 2025 [P.U.(A) 469/2025]
Under ONSA 2025, before a notice of non-compliance is issued to a Licensed Applications Service Provider or Licensed Content Applications Service Provider, the provider may provide an undertaking to MCMC to comply with its duties under Part III of ONSA 2025. The Regulations provide the form of the undertaking which requires the provider to list the actions to be taken to ensure its compliance with its duties.
- Online Safety (Online Safety Appeal Tribunal) Regulations 2025 [P.U.(A) 478/2025]
ONSA 2025 also provides that a person who is aggrieved by the written instruction, determination, direction or decision of MCMC may appeal against it to an Online Safety Appeal Tribunal (“Tribunal”). As a newly established Tribunal, these Regulations lay down the procedure for the appeal, including the commencement of an appeal by notice of appeal, service of that notice, preparing a record of appeal, quorum of the Tribunal, right of parties to attend and be heard and represented by their employees or an advocate and solicitor and the registering the decision of Tribunal.
More to come …
The Minister has stated that there would be ten key subsidiary instruments to ensure the effective enforcement of ONSA 2025
3. They are expected to be completed between the fourth quarter of 2025 and the second quarter of 2026.
For further information, please contact Charmayne Ong (Partner), Jillian Chia (Partner) and Natalie Lim (Partner) of the Technology, Media and Telecommunications Practice of Skrine.4
1 Please see our article
here on several provisions introduced by the Online Safety Act 2025.
4 The assistance by Sumita Selvakumar, pupil-in-chambers, in the preparation of this Alert is acknowledged.
This article/alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.