Deeming Provision eases concerns over child safety online with better protection, accountability

KUALA LUMPUR (Dec 22): The move by the Malaysian Communications and Multimedia Commission (MCMC) to implement the Deeming Provision has brought relief to many parties.

The Human Rights Commission of Malaysia’s (Suhakam) Office of the Children’s Commissioner welcomed the move, describing it as an important step and a key component in enforcing the Online Safety Act 2025.

It characterised the initiative as a significant development towards strengthening the accountability of digital platforms operating in Malaysia, particularly in terms of protecting children online.

According to Suhakam, large-scale digital platforms must bear equivalent responsibilities under the national regulatory framework, in line with child protection principles under the Convention on the Rights of the Child (CRC).

Fundamentally, child safety encompasses protection from online sexual exploitation, abuse, harmful content, as well as psychological and emotional risks in the digital space.

The Child Act 2001 also clearly stipulates that all parties are responsible for protecting children from physical, emotional and psychological harm, neglect, abuse and exploitation.

In today’s digital landscape, this responsibility also extends to online environments where children increasingly learn, communicate and socialise.

Therefore, digital platforms that facilitate large-scale online interactions bear the responsibility to ensure that their services are designed, governed and enforced in ways that do not expose children to harm or compromise their well-being.

When contacted,  Communications and Multimedia Content Forum of Malaysia (CMCF) chief executive officer, Mediha Mahmood, said child safety in cyberspace has now become a compliance obligation rather than merely a voluntary initiative.

She said with a clear regulatory framework in place, social media platforms can no longer take a hands-off approach and are legally required to be proactive, rather than simply waiting for complaints to be lodged.

“This means they should invest in stricter age-verification systems, live content monitoring, and swift action to remove harmful materials such as child sexual abuse material (CSAM), scams or cyberbullying.

“Yes, from a technical and legal standpoint, the burden of compliance lies fully with platform providers. However, this does not mean that users are completely absolved of responsibility,” she said.

Mediha added that although platforms are required to provide tighter safety systems, technology cannot replace human judgment and parental responsibility.

She explained that users still bear the responsibility to interact ethically, verify information and remain alert to online risks in order to address them.

According to her, government regulations can build strong safety “fences”, but a healthy digital usage culture must begin with individuals themselves.

Meanwhile, Universiti Putra Malaysia (UPM) Department of Human Development and Family Studies, Faculty of Human Ecology, senior lecturer Dr Nellie Ismail, said a safe digital environment can help children feel more protected, calm and confident when using technology.

She said that when children are not exposed to harmful content or negative online interactions, psychological stress can be reduced.

“This indirectly supports children’s emotional well-being and enables them to use technology positively for learning, communication and healthier social development.

“From a psychological perspective, exposure to harmful online content can have negative effects on children’s emotions and behaviour.

“Among these are emotional disturbances, where children may feel anxious, fearful, stressed, ashamed and confused.

“If such emotional disturbances are not managed and persist over time, they can affect physical health, cognitive development and children’s behaviour,” she explained.

She added that exposure to content containing elements of violence may also encourage children to imitate aggressive behaviour, as they learn through observation.

Overall, Dr Nellie said that protecting children online is not an option, but a fundamental necessity.

“This is because children are still not cognitively mature enough to assess risks and dangers present in the digital environment.

“Additionally, they have yet to develop strong emotional regulation abilities, making them more vulnerable to negative content or interactions online.

“Without proper protection, children are at risk of exposure to various threats that can undermine their emotional well-being and psychological development,” she said.

Meanwhile, Universiti Sains Islam Malaysia (USIM) Faculty of Medicine and Health Sciences psychiatrist and medical lecturer, Dr Nathratul Ayeshah Zulkifli, welcomed the Deeming Provision, but stressed that parents should not allow their children to roam freely in cyberspace.

She said the measure serves only as a basic regulatory foundation and does not eliminate the need for parental concern and active supervision.

“Parents cannot allow their children complete freedom in cyberspace. They still need to monitor and guide their children, starting from their own homes.

“The analogy is like requiring cars to have brakes and seat belts. These are essential for saving lives, but it does not mean we allow children to drive without a licence or supervision.

“Cyberspace is a complex and boundless environment. Therefore, cybersecurity and online safety are the responsibility of all parties, including the government (regulation), platforms (safe design), and families (guidance and monitoring),” she said.

She added that adolescents’ executive brain functions including impulse control, risk assessment and long-term thinking continue to develop until the mid-20s, and they still require guidance to navigate social and emotional risks, especially online.

She further explained that parents must also be involved in “digital parenting” and be prepared to discuss cybersecurity risks, set screen-time limits, use privacy settings and monitor activities in an age-appropriate manner.

“Most importantly, parents must be ready to be a safe space for children to share any uncomfortable experiences they encounter online,” she said.

She added that the ultimate goal of regulation is not merely to block harmful content, but to build resilience, emotional strength, critical skills and digital well-being among children themselves.