KUALA LUMPUR (Dec 5): The government is proposing to separate the roles of the chairman of the Malaysian Communications and Multimedia Commission (MCMC) and its newly established chief executive officer, as well as to transfer the regulator's administrative responsibilities and powers to the CEO.

Communications Minister Fahmi Fadzil tabled the Malaysian Communications and Multimedia Commission (Amendment) Bill 2024 on Monday (Dec 2) to facilitate this transition.

According to the Blue Bill available on the Parliament’s official portal, the proposed amendments to Section 20 of the MCMC Act 1998 (Act 589) outline the appointment of a CEO by the minister based on the commission's recommendation.

The CEO will serve as a commission employee, cannot be a member of any legislature, and will hold a three-year term, with the possibility of reappointment.

The CEO will also be responsible for administering and managing the commission’s functions and operations and will also have general control over its employees.

Currently, Section 20 of Act 589 designates the chairman as the chief executive, with executive powers and responsibilities. However, with the amendment, the chairman will no longer hold an executive role.

Clause 16 of the proposed amendments states that until a CEO is appointed, the chairman will retain all CEO responsibilities, which will transfer to the CEO upon his or her appointment. Additionally, existing commission members will continue serving until their terms expire, unaffected by the amendments.

Clause 4 introduces a new Section 14(a), allowing the termination of the chairman’s appointment if the chairman is absent from duty, not in Malaysia, or unable to perform his or her duties for six consecutive months without the minister's approval.

The government is also proposing a new Section 51a to provide legal protection for the commission, its members, committees, employees, agents, and anyone acting lawfully on its behalf.

They cannot be sued or prosecuted for actions, statements, or omissions made in "good faith" while performing their duties under the communications and multimedia laws or related guidelines.

“Subsection (1) shall be in addition to, and not in derogation of, the Public Authorities Protection Act 1948. For the purposes of that Act, every person mentioned in Subsection (1) shall be deemed to be a public officer or a person engaged or employed in the performance of a public duty,” the amendment bill states.

The government is proposing to amend Section 16 to broaden the MCMC’s responsibilities. These include developing and regulating standards for infrastructure, security, and safety, as well as auditing licensees’ information and activities.

Subclause (ia) proposes the development and regulation of standards for infrastructure and platforms to promote interoperability, trust, and growth in the communications and multimedia industry and the broader Malaysian economy.

Subclause (ib) empowers the commission to develop and regulate standards related to the safety, security, integrity, and reliability of information assets, communication networks, and services.

Meanwhile, Subclause (ic) enables the commission to review or audit information that licensees or service providers are required to furnish, and Subclause (id) grants the authority to audit or cause audits of licensees’ or service providers’ activities as determined by the commission.

This amendment bill is expected to be debated and approved by the lower house next week.