KUALA LUMPUR — The government has delayed tabling further amendments to the Online Safety Act 2025 to strengthen legal safeguards against online abuse and sexual offences involving children, pending improvements to ensure the law is watertight, says Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
Azalina said the Legal Affairs Division (BHEUU) is in the final stages of drafting subsidiary legislation and regulatory instruments critical for the Act’s enforcement. These include detailed compliance requirements, reporting procedures, and platform conduct guidelines.
“While we acknowledge the urgency, we must also ensure that these regulations are comprehensive, technically sound, and enforceable — to avoid unintended gaps or burdens that may weaken implementation,” she told Scoop in response to queries about the delay.
“This delay is procedural, not political. We remain fully committed to strengthening online protections for our children.”
‘Stakeholders concerned over operational feasibility’
Azalina downplayed speculation that lobbying by major tech firms had caused the delay, saying that industry feedback received thus far had focused primarily on operational feasibility — including concerns over staffing, infrastructure, and internal readiness to comply with the new law.
She stressed that legitimate concerns had been transparently addressed and incorporated into the BHEUU’s planning, without compromising the law’s central objective of child protection.
To guard against undue corporate influence, Azalina said the Act provides for the establishment of an Online Safety Council, which will function independently of the Malaysian Communications and Multimedia Commission (MCMC), the sector regulator. The council will include stakeholders from civil society, children’s rights advocates, and technical experts.
“This ensures robust checks and balances, and prevents any single interest from overriding the broader goal of protecting children in the digital space.”
Azalina added that pushback from large tech platforms is a common challenge globally — from Australia and the European Union to Southeast Asia — due to jurisdictional issues and the cross-border nature of online platforms.
However, Malaysia is adopting a “firm but consultative” approach to regulation, she said.
“Our position is clear: child safety is non-negotiable. We want laws that reflect our national priorities, while remaining open to constructive industry cooperation.”
‘Shared responsibility: parents may soon face legal obligations’
Azalina was responding to Scoop’s earlier report, which quoted her as saying that the government was reviewing legal provisions to introduce clearer and stronger obligations for parents and guardians.
This includes potential amendments requiring parents to monitor their children’s online activities and take part in digital safety education programmes.
“This approach reflects the principle of shared responsibility in safeguarding future generations from the growing threat of online sexual crimes,” she said in a statement issued on June 2.
‘Act to be read with SOACA 2017’
Azalina clarified that the Online Safety Act, which came into force earlier this year, does not create new offences in the way that criminal laws do.
Instead, it imposes legal duties on online service providers — including social media platforms, messaging apps, and search engines — to prevent access to harmful content, particularly content that endangers children, such as grooming, cyberbullying, and child sexual abuse material.
Among its provisions are standard and priority takedown mechanisms, which require platforms to act swiftly upon receiving notification of harmful content.
She emphasised that the Act must be read alongside the Sexual Offences Against Children Act (SOACA) 2017, as it draws on definitions and legal concepts from SOACA, especially in relation to harmful online material involving minors.
“In practice, SOACA is often applied together with Penal Code provisions, depending on the nature of the offence — to ensure victims receive justice and protection.”
‘Broader reforms under consideration’
Azalina added that while the Online Safety Act mainly targets platform responsibilities, it does not extend to parental obligations.
For this reason, the Criminal Law Reform Committee (CLRC) under BHEUU is currently reviewing broader criminal law frameworks to explore how parental responsibility can be legally codified.
This review includes policy studies, stakeholder consultations, and comparative legal research to ensure any legislative proposals are balanced, enforceable, and aligned with children’s rights principles.
“While there is no fixed timeline yet for tabling, this is an active area of law reform. Updates will be provided once a formal proposal is ready for Cabinet or parliamentary consideration,” she said. — June 23, 2025
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