MALAYSIA’S POLICY READINESS FOR SYNTHETIC MEDIA AND DEEPFAKES REGULATION

Abstract

The rapid advancement of artificial intelligence (AI) has transformed the creation and circulation of digital media, including synthetic media and deepfakes capable of realistically imitating individuals. Although Malaysian scholarship and policy discussions have addressed digital misinformation, online harms, and AI governance, limited empirical research has examined the adequacy of existing legal instruments specifically for synthetic media and deepfake-related harms. Drawing on the regulative pillar of Institutional Theory, this study examines the extent to which Malaysia’s formal laws, regulatory mechanisms, and enforcement arrangements are prepared to address such harms. A qualitative exploratory design was used. Four purposively selected participants representing government communication, public relations, media law, and media industry practice were interviewed to provide cross-sector perspectives. Document analysis of relevant Malaysian legislation, regulatory policies, official guidance, and government materials was used to triangulate and contextualise the interview findings. Thematic analysis identified four main themes: fragmented legal coverage, definitional uncertainty, reactive enforcement, and the need for stronger platform accountability and AI-specific legal safeguards. Existing instruments, including the Communications and Multimedia Act 1998, Defamation Act 1957, Evidence Act 1950, Penal Code, and Online Safety Act 2025, may address particular consequences of deepfake misuse, but they do not constitute a law specifically designed for synthetic media. The study therefore finds that Malaysia demonstrates partial regulative readiness. Greater readiness requires clearer definitions of synthetic media and deepfakes, proportionate disclosure and liability rules, faster enforcement and takedown procedures, improved digital-evidence processes, and clearer platform responsibilities.