MCMC: Foreign social media firms must comply with Malaysia’s laws once licensed, must appoint local

KUALA LUMPUR, Jan 9 — Even if a social media company is based overseas, Malaysia’s Communications and Multimedia Act (CMA) still applies to it, regulator Malaysian Communications and Multimedia Commission (MCMC) clarified.

Previously, social media and internet messaging firms with at least eight million users in Malaysia (such as TikTok, Telegram, WeChat, WhatsApp, Facebook, Instagram, YouTube) had to apply to be registered as a licensee.

But now that these companies have been automatically registered through the Communications and Multimedia Act 1998’s (CMA) Section 46A since January 1 this year, this registration is valid until revoked by Malaysia.

These companies are “deemed” or considered registered, without having to do any of these things: apply and submit documents for the licence, pay for registration fees, or reapply every year.

MCMC notes that this only applies to the service providers and not the users.

“Malaysian users can continue using their social media and Internet messaging services as usual, with no changes to how they access or use these platforms.

“The deeming mechanism is not intended to inconvenience users or disrupt services, but it is to ensure that platforms operating in Malaysia are accountable, comply with local laws, and operate in a manner that strengthens safeguards and protection for users in Malaysia,” MCMC told Malay Mail.

Here’s why Malaysia’s laws apply even to foreign companies 

MCMC pointed out that CMA’s Section 4(2) provides for “extraterritorial” application of CMA, which means this law also applies outside of Malaysia.

MCMC noted that Section 4(2) states that CMA applies to any person who is a licensee under CMA, or who provides relevant facilities or services in Malaysia, even when the providing of such services “originates from outside Malaysia”.

In other words, if an overseas-based social media company’s app is being used in Malaysia, it will still have to comply with CMA if it is a licensee.

As licensees, these foreign companies will need to comply with CMA and its subsidiary legislations, licence conditions, statutory instruments and directions issued by MCMC.

Why a need for a local representative and what happens if social media firms ignore this?

For foreign social media and internet messaging firms that are now licensees in Malaysia, it is not compulsory for them to set up a physical office in Malaysia, MCMC had previously said.

But as licensees, one of the key licence conditions is that these foreign companies must appoint a local representative — either an individual living in Malaysia or a company established in Malaysia.

Based on the licence conditions declared by Communications Minister Datuk Fahmi Fadzil on December 15, 2025 and available on MCMC’s online register, the local representative’s role is:

• to be the point of contact between the foreign company and MCMC or other Malaysian authorities;
• accepting service of documents such as legal notices, court documents issued by MCMC and Malaysian authorities;
• to facilitate and assist in MCMC’s written requests, directions or instructions, including on removal or blocking access to content that go against Malaysian law or for data and information.

MCMC said this requirement to have a local representative has been made known to the foreign service providers since 2024.

If licensees fail to comply with their licence conditions, this may result in regulatory and legal actions against these companies, including fines and financial penalties.

MCMC told Malay Mail that not complying with licence conditions is an offence under CMA “and may be subject to prosecution, regardless of whether the licensee is locally or foreign-based”.

Because major social media firms are licensees and have to comply with all Malaysian laws, this means these companies also have to comply with the Online Safety Act 2025 (ONSA) from this January 1.

Recommended reading:

• ‘Fighting the common enemy’: Nine big online harms that Malaysia’s tackling by regulating social media companies
• Here’s what Malaysians can expect as social media firms come under Malaysian laws now 
• Here’s why social media firms may come to love Malaysia’s new Online Safety Act