1MDB scandal illustrates that such censorship was politically motivated.
On a positive note, some previously blocked sites (Bersih rally websites) were found to be accessible when tested between January to November 2026. No signs of censorship were detected when examining the accessibility of social media, censorship circumvention tools and LGBTI websites in the country during the testing period.
View the data collected as part of this study:
< id=introduction class="group flex flex-row flex-wrap items-center"> IntroductionMalaysia is a Federal Constitutional Elective country with Westminster Parliamentary System. Malaysia has a population of around 30.9 million, with broadband penetration 72.2% for households and 91.7% for individual users, while the figures surpass the population figures for access to the internet on mobile phones. More than 80 percent of Internet users live in urban areas, and penetration remains low in less populated states in East Malaysia.
Malaysia’s constitution provides citizens with “the right to freedom of speech and expression,” and MSC Malaysia has guaranteed in the Bill of Guarantees No.71 that it will ensure there is no censorship on the internet. However, as of November 2015, 37 incidents have occurred involving the investigation, arrest, charge and/or punishment of individuals under the Communication and Multimedia Act (CMA) documented by SUARAM. Various websites have also been blocked over the last year, especially following the 1MDB scandal and subsequent retaliation against sites covering the scandal.
In light of recent censorship events in Malaysia, the Open Observatory of Network Interference (OONI), in collaboration with Sinar Project, conducted a study to examine whether internet censorship events were persisting in the country and, if so, to collect data that can serve as evidence of them. This study was carried out through the collection of network measurements from two local vantage points in Malaysia, based on OONI software tests designed to examine whether a set of websites were blocked, and whether systems that could be responsible for internet censorship and surveillance were present in the tested networks (AS4788 and AS17971).
The aim of this study is to increase transparency about internet controls in Malaysia and to collect data that can potentially corroborate rumours and reports of internet censorship events. The following sections of this report provide information about Malaysia’s legal environment with respect to freedom of expression, access to information, and privacy, as well as about cases of censorship and surveillance that have previously been reported in the country. The remainder of the report documents the methodology and key findings of this study.
Background
Malaysia is a multi-ethnic and multicultural country with a population of around 30 million as of 2016, situated in the middle of Southeast Asia. Geographically, Malaysia consists of two parts: Peninsular Malaysia bordering with Thailand in the north and Singapore in the south, and East Malaysia on the northern part of the island of Borneo bordering with Indonesia in the south.
Malaysia is a federal constitutional monarchy, consisting of 13 states and 3 federal territories. Malaysia is also multiracial, consisting of Bumiputras and Muslim Malays that make up the majority (50.1%) of the population. Bumiputera status is also accorded to certain non-Malay indigenous people of East Malaysia. 22.6% of Malaysia’s population is Chinese, while 6.7% is Indian. Ethnicity plays a major role in Malaysia, as there are a number of rights and privileges accorded to bumiputeras due to racial economic policies in place in Malaysia.
Statistics from the 2010 census show a religious makeup of the population at 61% Muslims, 19.8% Buddhist, 9.3% Christians and 6.3% Hindu. Religious beliefs mostly follow ethnic lines. Article 11 of the Constitution provides for freedom of religion, but it restricts propagation of any religious doctrine or belief among Muslims. All Malays however are Muslim by law, and apostasy is not legally allowed. Islam is a state religion, and state governments can impose Islamic law on Muslims. The government only accepts Sunni Islamic beliefs and any other Islamic beliefs, such as Shia, are not recognized and considered as deviant. The Government restricts the distribution in peninsular Malaysia of Malay-language translations of the Bible, Christian tapes, and other printed materials.
Politically Malaysia has been governed by single coalition government at the federal level by the Barisan Nasional (National Front) since independence in 1957. The National Front is made up of several race based parties dominated by the Malay ethnic party United Malays National Organisation (UMNO). The Barisan Nasional Coalition has been in power in all the state governments since independence, with a few brief periods where it lost in Eastern States of Kelantan and Sabah. This has resulted in a government and population that often does not differentiate between the roles of the elected executive and government. In 2008 however the political landscape changed when the opposition parties won elections in two of the largest states by economy in Penang and Selangor. Over a third of the federal parliamentary seats were also won by the opposition in this election. In the last elections in 2013, the opposition gained more seats in both federal and states, while winning the popular vote. This has resulted in a current parliament that has demanded more accountability from the executive.
Economically Malaysia has been one of the fastest developing countries in Asia for the past few decades with a GDP growing on average 6.5 per cent annually from 1957 to 2005. Malaysia is a highly open and competitive, upper-middle income economy.
In relation to its ASEAN neighbours, with the exception of Singapore, Malaysia ranks much higher when it comes to the measurement of corruption. According to Transparency International’s Corruption Perceptions Index, Malaysia ranked 50th in 2015. On 2nd July 2015, the Wall Street Journal released a bombshell by disclosing documents that showed that USD 680 million was transferred to the personal accounts of the Malaysian Prime Minister Najib Razak possibly from the 1MDB state-owned investment company. Eventual leaks and stories over the course of several months finally led to a detailed public US Department of Justice Kleptocracy department case which traced how public money totalling USD 3.5 billion was stolen from the Malaysian citizen.
The implications of 1MDB for governance are far reaching in Malaysia. It led to the dismissal of the Attorney General and transfers of senior investigating staff of MACC. The Auditor General report from PAC investigation on 1MDB was also classified under the Official Secrets Act. During the October-November 2016 parliamentary sessions, discussions on 1MDB and the Department of Justice case have been censored. Despite parliamentary privilege, MPs discussing 1MDB are called up by police for sharing information on it.
Network landscape and internet penetration
All internet and mobile services providers in Malaysia are privately-owned. Overall, Malaysia has 10 different Internet Service Providers (ISPs) with 4 major mobile operators: DiGi, Maxis, Celcom and Umobile.
| Mobile Operators/ISPs | Fixed Internet | Mobile Internet |
|---|---|---|
| DiGi Telecommunications | X | |
| Maxis Communications | X | X |
| Celcom Axiata | X | |
| Packet One Networks (P1) | X | |
| Yes 4G | X | |
| Tune Talk | X | |
| Telekom Malaysia (TMnet) | X | |
| Time dotcom | X | |
| RED Tone | X | |
| U Mobile | X |
Internet penetration in Malaysia is currently 72.2% for households and 91.7% for individual users, while the figures surpass the population figures for access to the internet on mobile phones. More than 80% of internet users live in urban areas, and penetration remains low in less populated states in East Malaysia.
Indicators and internet penetration rates per 100 inhabitants and households from 2011 to 2016 are illustrated below.
| Year | Population (Million) | Households (‘000) | Broadband | Cellular Phone | Direct Exchange Line | |
|---|---|---|---|---|---|---|
| Per 100 Inhabitants | Per 100 Households | Per 100 Households | Per 100 Inhabitants | |||
| 2011 | 28.7 | 6,675 | 19.4 | 62.3 | 127.7 | 37.3 |
| 2012 | 29 | 6,744 | 21.7 | 66 | 141.6 | 34.4 |
| 2013 | 29.91 | 6,939 | 22.6 | 67.1 | 143.6 | 32.4 |
| 2014 | 30.29 | 7,092 | 31.9 | 70.2 | 148.5 | 30.3 |
| 2015 | 30.68 | 7,483 | 100.4 | 77.3 | 143.8 | 27.9 |
| 2016 | 30.97 | 7,570 | 114.7 | 77.9 | 141.6 | 14.7 |
Source: Malaysian Communication and Multimedia Commision
Legal environment
Malaysia’s constitution and Bill of Guarantees provides citizens with “the right to freedom of speech and expression,” but allows for limitations to this right. The government exercises tight control over online media, print, and broadcast media through laws like the Official Secrets Act and the Sedition Act. Under Section 211 of the Communication and Multimedia Act (CMA), Malaysian authorities can ban content deemed “indecent, obscene, false, threatening, or offensive,” and the same, under Section 233 of the CMA, applies to such content shared over the internet.
In 2012, Malaysia’s parliament passed an amendment to the 1950 Evidence Act that holds intermediaries liable for seditious content posted anonymously on their networks or websites. This would include hosts of online forums, news outlets, and blogging services, as well as businesses providing Wi-Fi services. The amendment also holds someone liable if their name is attributed to the content or if the computer it was sent from belongs to them, whether or not they were the author. In 2015 the parliament passed an amendment to the Sedition Act that added a new section which empowers the court to issue an order to an authorised officer under the Communications and Multimedia Act to prevent access to such publications if the perpetrator is not identified.
Freedom of expression
Freedom of speech and expression is guaranteed under Article 10 of the Federal Constitution of Malaysia. In practice, however, this right can be limited by the vague interpretations of laws that restrict expression in the interest of national security, safety and public order.
Sedition Act 1948
Malaysia’s Sedition Act can potentially be used to restrict freedom of expression online. Sections 3(1) and 4(1) of the Act can be used against any form of statement that contents seditious tendency - to bring hatred, or to excite disaffection against any Ruler and Government; to promote feelings of ill will and hostility between different races or classes of the population of Malaysia; to question any matter, right, status, position, privilege, sovereignty.
Communication & Multimedia Act (CMA) 1998
Section 211 of the CMA bans content deemed “indecent, obscene, false, threatening, or offensive,” and, under Section 233, the same applies to content shared over the internet.
Evidence Act 1950
Amendments to Malaysia’s Evidence Act hold intermediaries liable for seditious content posted anonymously on their networks or websites. This includes hosts of online forums, news outlets, and blogging services, as well as businesses providing Wi-Fi services. The amendment also holds someone liable if their name is attributed to the content or if the computer it was sent from belongs to them, whether or not they were the author.
Press freedom
Printing, Presses and Publications Act (PPPA) 1984
The amendment of PPPA in 2012 expanded its scope and includes ‘publications’ (anything which by its form, shape or in any manner is capable of suggesting words or ideas) posted online and plug loopholes.
Access to information
Official Secrets Act (OSA) 1972
Malaysia’s Official Secrets Act is a broadly-worded law which carries a maximum penalty of life imprisonment for actions associated with the wrongful collection, possession or communication of official information. Any public officer can declare any material an official secret: a certification which cannot be questioned in court. The act allows for arrest and detention without a warrant, and substantially reverses the burden of proof. It states that “until the contrary is proven,” any of the activities proscribed under the Act will be presumed to have been undertaken “for a purpose prejudicial to the safety or interests of Malaysia.”
Privacy
Personal Data Protection Act 2010
Malaysia’s Personal Data Protection Act protects any personal data collected in Malaysia from being misused. According to the Act, one must obtain the consent of data subjects before collecting their personal data or sharing it with third parties. In order for their consent to be valid, data collectors must provide data subjects with a written notice of the purpose for the data collection, their rights to request or correct their data, what class of third parties will have access to their data, and whether or not they are required to share their data, and the consequences if they don’t.
Censorship and surveillance
Communications & Multimedia Act (CMA) 1998
Section 211 of the CMA bans content deemed “indecent, obscene, false, threatening, or offensive,” and, under Section 233, the same applies to content shared over the internet.
Prevention of Crime Act (PoCA) 1959
The amendment of PoCA allows for detention without trial for a period of two years. This order can be extended to another two years by the Board. A supervision order allows for a registered person to be attached with an electronic monitoring device and imposes conditions such as restriction on internet use or meeting with other registered persons.
Security Offenses (Special Measures) Act (SOSMA) 2012
SOSMA has replaced the Internal Security Act (ISA) 1960, which allowed for infinitely renewable detentions without trial. SOSMA authorizes phone-tapping and communications powers to the government, as well as an electronic anklet to track the freed detainees of the Prevention of Terrorism Act (PoTA). More recently, SOSMA has been used to raid the offices of human rights defenders.
Prevention of Terrorism Act (PoTA) 2015
PoTA enables the Malaysian authorities to detain terror suspects without trial for a period of two years, without judicial reviews of detentions. Instead, detentions will be reviewed by a special Prevention of Terrorism Board. Suspected militants will be fitted with electronic monitoring devices (EMD or electronic anklets) upon their release from detention.
Previous cases of internet censorship and surveillance
FinFisher
In 2013, Citizen Lab research found evidence of a FinFisher server running in Malaysia, and later found evidence of Finfisher software embedded in an election related document. The Malaysian government neither confirmed nor denied the use of Finfisher.
Hacking Team Surveillance Software
Leaked Hacking Team emails in 2015 revealed that at least three government agencies, including the Prime Minister’s department, bought Hacking Team’s Remote Control System (RCS): spyware designed to evade encryption and to remotely collect information from a target’s computer. The same emails, however, also revealed that the procuring agencies seemed to lack the technical capacity to use the software.
Deep Packet Inspection (DPI) to timeout HTTP requests
Before the 2013 general elections, users were reporting that some Youtube videos with politically sensitive content were not viewable.