Platform Accountability and User Protection: A Comparative Analysis of Regulatory Approaches in Malaysia, United Kingdom and India

Abstract

In recent years, Malaysia’s digital landscape has faced considerable challenges, particularly in promoting platform accountability and protecting users. These priorities, integral to fostering a well-regulated and secure digital environment, are shaped by the evolution of legal frameworks and regulatory policies. This article examines the Online Safety Act 2024, a newly passed law in Malaysia, by comparing its provisions with the United Kingdom and India regulatory approaches. The objective of this article is to examine Malaysia’s Online Safety Act 2024 and its implications for platform accountability and user protection by comparing its provisions with the United Kingdom's Online Safety Act 2023 (OSA) and India's Information Technology Act 2000 (ITA), alongside the Intermediary Guidelines and Digital Media Ethics Code Rules 2021 (Intermediary Rules 2021). This article explores how these regulatory frameworks address key issues such as online harms, intermediary accountability, and user safety, highlighting significant gaps in the Malaysian Act. The analysis identifies potential shortcomings, such as the absence of explicit safe harbour protections, proactive risk mitigation strategies, and strong transparency obligations, which may impact the Act’s ability to balance online safety with fundamental freedoms like freedom of expression and digital innovation, particularly as its implementation unfolds. Adopting a qualitative approach, this article evaluates these regulations and draws comparative insights from international frameworks. The findings underscore the need for a more adaptive regulatory framework to address the evolving challenges of the digital era while safeguarding both user protection and fundamental rights.