The Communications and Multimedia Act sets the rules, while the MCMC Act establishes the regulator and defines its powers.
This can create the impression that Act 588, together with the Malaysian Communications and Multimedia Commission Act 1998 (Act 589), was primarily created to regulate content and take action against internet users.
In reality, both laws have a much broader scope. Together, they form the backbone of Malaysia’s entire communications and multimedia regulatory system, covering telecommunications networks, spectrum, broadcasting, digital services, industry competition and consumer protection.
What is Act 588?
In simple terms, Act 588 sets the rules for the communications and multimedia industry.
It provides the legal framework for licensing communications services, managing spectrum, regulating access between service providers, setting technical standards, protecting consumers and regulating certain content and social matters.
For example, when a company wants to operate a communications network or provide certain communications services, its obligations are governed by Act 588 and regulations made under it.
Act 588 also establishes the framework for competition and access to network facilities or services, allowing the industry to operate in an orderly manner while protecting market and consumer interests.
Why is Act 589 needed?
If Act 588 is the rulebook, Act 589 creates the referee by establishing MCMC as a statutory body and defining its functions, powers, administration and structure.
MCMC’s functions also include advising the minister on communications and multimedia policy, implementing and enforcing relevant laws, monitoring industry activities, promoting sector development and supporting self-regulation.
The distinction is therefore straightforward: Act 588 provides the regulatory framework, while Act 589 establishes MCMC and sets out its role in administering that framework.
Minister vs MCMC
The minister has certain powers provided under the law, including those related to policy, directions, determinations and the making of regulations under Act 588.
MCMC, meanwhile, handles implementation, including monitoring compliance, regulating communications and multimedia activities, implementing standards and codes, conducting investigations and taking action when laws are breached.
At the same time, MCMC advises the minister on policies and reforms related to the industry.
Industry bodies such as the Consumer Forum, Content Forum and Malaysian Technical Standards Forum Bhd (MTSFB) sit alongside MCMC, developing codes and self-regulatory standards with input from industry players and consumers.
These bodies do not replace MCMC. Instead, they provide a platform for industry players, consumers and other stakeholders to participate in developing codes and standards.
Beyond phones and TV
The framework spans multiple layers of the modern communications ecosystem.
In telecommunications, it covers communications networks and facilities, radio spectrum, technical standards, licensing, quality of service and access between providers.
For broadcasting and digital services, it covers application and content services, including related licensing and compliance requirements.
This reflects technological changes as telecommunications, broadcasting and digital services increasingly converge. A smartphone, for example, is now used for calls, internet access, video, audio, messaging and countless applications on a single device.
What it means for consumers
For the public, Act 588’s reach extends well beyond investigating a person over online content.
It also covers everyday matters such as access to services, service standards, handling complaints and disputes, and protecting consumer interests.
The Consumer Forum, for example, develops codes covering complaint handling, dispute resolution and service standards.
This means the regulatory framework also provides consumers with channels to lodge complaints, service providers comply with certain standards, and communications services develop in an orderly and competitive environment.
What it means for industry
For telecommunications companies, broadcasters, network operators and digital service providers within the regulatory scope, Act 588 sets out obligations related to licensing, technical standards, competition, access, consumer protection and content, depending on the type of service provided.
That is why debates about digital platforms cannot be viewed solely through the lens of content.
They also involve how a digital service fits into the country’s communications ecosystem, the responsibilities of its provider, and how consumer and market interests are protected as technology and business models evolve.
Content remains part of Act 588, including social regulation and compliance with content standards.
However, it is only one component of a much broader framework that also covers communications infrastructure, competition, spectrum, licensing, technical standards, network access, consumer protection and industry development.
Similarly, Act 589 does not merely establish a body to enforce content rules. It establishes MCMC as Malaysia’s regulator for the communications and multimedia sector.
In short, Act 588 determines how the sector is regulated, while Act 589 establishes the institution responsible for implementing and overseeing that framework.
Both laws need to be viewed together as the foundation that allows Malaysia’s communications and multimedia ecosystem to function, develop and remain accountable. - FMT
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