Legal Update: Proposed Regulation of Unsolicited Commercial Electronic Messages (UCEM)
On 13 August 2025, the Malaysian Communications and Multimedia Commission (“MCMC”) issued a Public Consultation Paper proposing a subsidiary legislation under the Communications and Multimedia Act 1998 (“CMA”). This follows the introduction of Section 233A via the Communications and Multimedia (Amendment) Act 2025.
While Section 233A has been enacted, it is not yet in force. The proposed subsidiary legislation will operationalize the provision, set out enforcement mechanisms, consent standards, and sender obligations.
Once in effect, the framework will prohibit the sending of unsolicited commercial electronic messages (“UCEM”) – more commonly known as spam and these include messages sent via Whatsapp, Telegram, email, SMS, and social media – without valid consent. It will also restrict the use of address-harvesting software and scraping tools.
Businesses and professionals engaged in digital outreach should begin reviewing their practices now to ensure future compliance. This includes:
- Auditing CRM databases for consent records
- Avoiding scraped contact lists from social media platforms or messaging groups
- Implementing clear opt-in and opt-out mechanisms.
The Consultation Paper was scheduled to close today, 27 August 2025. However, MCMC has issued a notice extending the period of public consultation to 5pm Monday, 8 September 2025.
Submissions of responses to the public consultation may be made either in hard copy or electronic form at the following:
Address:
The Chairman
Malaysian Communications and Multimedia Commission
MCMC HQ Tower 1, Jalan Impact, Cyber 6, 63000 Cyberjaya,
Selangor Darul Ehsan
(Attention: Regulatory Policy Division)
Email:
If you have any questions or require any additional information, please contact Norlaila Mohd Nasir or the lawyer you usually deal with.
This alert is for general information only and does not constitute legal advice.