Spam Regulatory Approach to Spam 1. Is sending Spam illegal in Malaysia? There are no specific provisions on the illegality of Spam. However, the Communications and Multimedia Act 1998 provides that a person who initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address commits an offence. 2. Will Malaysia be enacting new laws to make Spam illegal? Presently, Malaysia has no immediate plans to legislate. It will pursue this recourse when there is no other viable alternative. The Malaysian Communications and Multimedia Commission is of the opinion that for legislation to be effective, anti-Spam laws in all countries must be of similar nature and standard so as to prevent Spammers from forum shopping. The Malaysian Communications and Multimedia Commission also feels that legislative action would consequently be dependant on continuous co-operation between countries and legal systems to ensure that Spam received in one country will result in legal action being taken in another. Thus, the Malaysian Communications and Multimedia Commission will follow closely the development of countries that have enacted anti-Spam legislations. 3. The Malaysian Communications and Multimedia Commission's approach in tackling Spam The Malaysian Communications and Multimedia Commission will pursue the following ways to tackle Spam : -Self regulation by users through education and awareness initiatives; and -Management by Service Providers. More information on the implementation are found in the "Report on a Public Consultation Exercise on Regulating Unsolicited Commercial Messages" dated 17 February 2004. 4. Management of Spam The Malaysian Communications and Multimedia Commission is adopting a four-tiered approach in managing Spam. Tier 1 : Self-management by users Tier 2 : Forward complaint to Service providers Tier 3 : If complaints remain unresolved, next recourse is to complaint to Consumer Forum of Malaysia Tier 4 : Still unresolved, matter escalated to the Malaysian Communications and Multimedia Commission Flow Chart on Spam Management. 5. Industry Codes The Communications and Multimedia Consumer Forum of Malaysia is currently drafting the Internet Access Service Provider Consumer Code of Practice. Watch this space for updates!		Legislation International Activities Spam Framework for Development Papers Public Enquiry Reports Glossary Contact Us Feedback Links