Establishment of Committee
(1) A committee by the name of “Online Safety Committee” is established.
(2) The Committee shall consist of the following members:
(a) a Chairman and Deputy Chairman;
(b) one representative from the Ministry charged with the responsibility for communications;
(c) one representative from the Ministry charged with the responsibility for home affairs;
(d) one representative from the Ministry charged with the responsibility for digital related matters;
(e) one representative from the Ministry charged with the responsibility for education;
(f) one representative from the Ministry charged with the responsibility for women, family and community development;
(g) one representative from the Royal Malaysia Police;
(h) one representative from the National Security Council;
(i) the Chief Children Commissioner or his representative from amongst the Children Commissioners;
(j) one representative each from amongst the licensed applications service providers, licensed content applications service providers and licensed network service providers;
(k) one representative from amongst persons with disabilities; and
(l) not more than five persons with appropriate experience, knowledge or expertise in matters relating to online safety.
(3) T h e m e m b e r s o f t h e C o m m i t t e e r e f e r r e d t o i n paragraphs (2)(a), (j), (k) and (l) shall be appointed by the Minister.
(4) The members of the Committee appointed under paragraphs (2)(a), (j), (k) and (l) shall hold office for a term not exceeding three years and shall be eligible for reappointment upon expiry of their term of office for a term not exceeding three years.
(5) For the purposes of paragraph (2)(i), the “Chief Children Commissioner” and “Children Commissioner” mean the Chief Children Commissioner and the Children Commissioner designated under section 6a of the Human Rights Commission of Malaysia Act 1999 [Act 597].
(6) For the purposes of this Part, “Minister” means the Minister charged with the responsibility for law.
Allowances for members of Committee
The members of the Committee shall be paid such allowances as the Minister may determine after consultation with the Minister of Finance.
Revocation of appointment and resignation of members of Committee
(1) T h e M i n i s t e r m a y a t a n y t i m e r e v o k e t h e appointment of any member of the Committee referred to in paragraphs 5(2)(a), (j), (k) and (l) without assigning any reason.
(2) A m e m b e r o f t h e C o m m i t t e e r e f e r r e d t o i n paragraphs 5(2)(a), (j), (k) and (l) may, at any time, resign from his appointment by giving a notice in writing to the Minister.
Vacation of office of members of Committee
The office of a member of the Committee referred to in paragraphs 5(2)(a), (j), (k) and (l) shall be vacated—
(a) if he dies;
(b) if there has been proved against him, or he has been convicted on, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or
(iii) any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine, for more than two years;
(c) if his conduct, whether in connection with his duties as a member of the Committee or otherwise, has been such as to bring discredit on the Committee;
(d) if he becomes a bankrupt or insolvent;
(e) if he becomes of unsound mind or is otherwise incapable of discharging his duties;
(f) in the case of the Chairman, if he absents himself from three consecutive meetings of the Committee without leave in writing of the Minister;
(g) in the case of a member of the Committee other than the Chairman, if he absents himself from three consecutive meetings of the Committee without leave in writing of the Chairman;
(h) if his appointment has been revoked by the Minister; or
(i) if his resignation has been accepted by the Minister.
Temporary exercise of functions of Chairman
(1) The Deputy Chairman shall act as the Chairman for the period when—
(a) the office of the Chairman is vacant;
(b) the Chairman is absent from duty or from Malaysia; or
(c) the Chairman is, for any other reason, unable to carry out his functions.
(2) The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman.
Functions of Committee
(1) The Committee shall have the functions to advise and give recommendations to the Commission on matters relating to online safety including—
(a) the determination of types of harmful content;
(b) the determination of priority harmful content;
(c) methods to analyze and measures to mitigate, the risk of users being exposed to harmful content;
(d) research approach pertaining to harmful content; and
(e) best practices to encourage accountability of the licensed applications service provider, licensed content applications service provider and licensed network service provider.
(2) The Committee shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions under this Act.
Meetings of Committee
(1) The Committee shall convene its meeting as often as the Chairman may determine and the meeting shall be held at the time and place as determined by the Chairman.
(2) The Chairman shall preside at all meetings of the Committee.
(3) If the Chairman is absent from any meeting of the Committee, he may direct the Deputy Chairman to replace him as the chairman of the meeting.
(4) The quorum of the Committee shall be seven and shall consist of at least one member appointed under paragraph 5(2)(j) and one member appointed under paragraph 5(2)(l).
(5) The Chairman may authorize the use of a live video link, live television link or any other electronic means of communication for the purposes of any meeting of the Committee.
(6) The Committee may determine its own procedure.
Committee may invite others to attend meetings
The Committee may invite any person to attend meetings of the Committee to provide opinion to the Committee on any matter under discussion.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
