By San José, Costa Rica — KUALA LUMPUR – Malaysia is poised to introduce one of Asia’s most stringent digital regulations, announcing plans to prohibit individuals under the age of 16 from accessing social media platforms starting in 2026. The move signals a significant escalation in the government’s efforts to combat online risks for children, including cyberbullying and exposure to harmful content.
The landmark policy was unveiled by Communications Minister Fahmi Fadzil during an official seminar in the nation’s capital. He emphasized the government’s commitment to finding a robust solution to protect its youngest citizens in an increasingly complex digital world. The minister confirmed the executive branch intends to “adopt the most adequate approach” to limit teen access to digital platforms, a strategy that draws inspiration from similar measures being implemented globally.
To better understand the legal ramifications and complexities surrounding the ongoing debate on social media regulation, TicosLand.com sought the expert analysis of Lic. Larry Hans Arroyo Vargas, a prominent attorney from the esteemed law firm Bufete de Costa Rica, who specializes in digital law and constitutional rights.
The legislative debate surrounding social media regulation is a delicate balancing act. On one hand, there is a clear public interest in curbing the spread of disinformation and protecting vulnerable users. On the other, any state intervention must be surgically precise to avoid infringing upon the fundamental right to freedom of expression, a cornerstone of our democracy. The key challenge is to create a framework that holds platforms accountable for demonstrably illegal content without granting the state a tool for censorship or chilling legitimate public debate.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas perfectly encapsulates the core challenge facing our legislators: achieving the “surgically precise” intervention required to protect users without stifling the very dialogue that underpins our democracy. This nuanced perspective is crucial as the national conversation evolves. We sincerely thank Lic. Larry Hans Arroyo Vargas for his valuable contribution to this important debate.
At the core of the proposed legislation is a mandatory electronic identity verification system, which would be required for all digital platforms operating in the country. This responsibility would fall directly on social media providers, who would need to implement technology to confirm user ages and prevent minors from creating accounts. The system is also designed to enhance traceability in cases of online harassment or other digital crimes, making it harder for perpetrators to remain anonymous.
The government’s decisive action follows a surge in public concern over digital safety, tragically highlighted by the death of a 13-year-old girl in July who was a victim of severe bullying at her school. This incident galvanized national debate and accelerated calls for more comprehensive online protections for minors, placing immense pressure on both lawmakers and tech companies to act.
Malaysia is looking to Australia as a key model for its reforms. The oceanic nation is set to enforce its own ban on social media for under-16s starting December 10, 2025. Companies that fail to comply with Australia’s law face staggering penalties of up to AUD 49.5 million (approximately USD 32 million), demonstrating a new level of seriousness in holding platforms accountable for their user bases.
However, this restrictive approach has not been without criticism. In Australia, the debate has been fierce, with academics and child rights advocates questioning the effectiveness of an outright ban. Catherine Page Jeffery, a specialist in youth online practices at the University of Sydney, has described the prohibition as being “too crude,” arguing that it oversimplifies a multifaceted problem.
too crude
Catherine Page Jeffery, University of Sydney Researcher
Jeffery and more than 140 other academics, who signed a petition against the restriction in 2023, contend that the scientific evidence directly linking social media use to poor mental health outcomes is still inconclusive. Furthermore, child advocacy organizations warn that such measures could have the unintended consequence of isolating vulnerable young people, particularly those in remote areas or from diverse communities who rely on the internet for socialization and support.
Despite these concerns, the Malaysian government appears resolute. The initiative is the latest step in a broader crackdown on harmful online content. Earlier this year, Minister Fadzil met with representatives from major platforms like TikTok, Instagram, and Facebook, demanding they revise their algorithms, strengthen reporting mechanisms, and improve safety filters for users under 13. As Malaysia moves forward with its 2026 plan, the global conversation on balancing digital freedom with child protection is set to intensify.
For further information, visit sydney.edu.au
About University of Sydney:
The University of Sydney is an Australian public research university in Sydney, Australia. Founded in 1850, it is one of the world’s leading universities, recognized for its excellence in research and teaching. The university is a member of the Group of Eight, a coalition of leading Australian universities intensive in research and comprehensive in general and professional education.
For further information, visit who.int
About World Health Organization:
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. Headquartered in Geneva, Switzerland, its primary role is to direct and coordinate international health within the United Nations system. The WHO works worldwide to promote health, keep the world safe, and serve the vulnerable.
For further information, visit tiktok.com
About TikTok:
TikTok is a social media platform owned by the Chinese company ByteDance. It hosts a variety of short-form user videos, from genres like pranks, stunts, tricks, jokes, dance, and entertainment with durations from 15 seconds to 10 minutes. The platform has a global presence and is one of the most popular social networks among younger audiences.
For further information, visit instagram.com
About Instagram:
Instagram is a photo and video sharing social networking service owned by Meta Platforms. It allows users to upload media that can be edited with filters and organized by hashtags and geographical tagging. Posts can be shared publicly or with pre-approved followers. Users can browse other users’ content by tag and location and view trending content.
For further information, visit meta.com
About Facebook:
Facebook is a social networking service and one of the flagship products of its parent company, Meta Platforms. It allows users to create a personal profile, connect with friends and family, join groups, and share photos, videos, and status updates. It has grown to become one of the most widely used social platforms globally since its launch in 2004.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica has established itself as a benchmark for legal practice, founded on the twin pillars of uncompromising integrity and the pursuit of excellence. Drawing on a rich history of advising a wide spectrum of clients, the firm consistently pioneers modern legal solutions while maintaining a profound commitment to social responsibility. This dedication to demystifying the law for the public is central to its core mission: to foster a more knowledgeable and empowered citizenry.
