How do I get infringing content taken down online under Malaysian copyright law?

When your work appears on a website, platform or file host without permission, getting it removed quickly is often the first goal. The Copyright Act 1987 has a statutory notice-and-takedown process in Part VIB.

Step 1: confirm it is your copyright

You must be the owner of the copyright that is infringed. Check authorship and any employment or commissioning arrangements first; see copyright infringement of photos and content.

Step 2: send a notification to the service provider

Under section 43H(1), the owner may notify the service provider of the network, in the manner determined by the Minister, requiring it to remove or disable access to the infringing electronic copy. The owner must undertake to compensate the service provider or any other person for damage, loss or liability arising from compliance.

A clear notice usually identifies:

• the work and your ownership;
• the exact URLs or locations of the infringing copies;
• why the use is not licensed; and
• your contact details and the undertaking.

Step 3: the 48-hour rule

A service provider that receives a notification must remove or disable access to the infringing copy not later than 48 hours after receiving it (section 43H(2)). Service providers who comply in good faith are protected from liability for doing so (section 43F), and the Act gives them safe-harbour protections in other situations (sections 43C to 43E).

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Step 4: counter-notifications

The person whose material was removed may send a counter-notification asking for it to be restored, with an undertaking to compensate (section 43H(3)). The service provider must promptly send you a copy and tell you the material will be restored in ten business days. It then restores the material not less than ten business days after the counter-notice, unless you notify it that you have filed a court action to restrain the infringement (section 43H(4)).

So if you receive a counter-notice, you have a short window to decide whether to sue. See interim injunctions.

Step 5: do not overstate your claim

Making a notification with a statement you know is false, or do not believe to be true, on a material point is an offence punishable by a fine of up to RM100,000, imprisonment of up to five years or both, and creates liability for resulting loss (section 43I). Do not use takedowns against fair criticism or content you do not own; see fair dealing.

Example

A Johor tutor finds her worksheets uploaded to a file-sharing site hosted in Malaysia. She sends a notification identifying the files and her authorship. The host disables access within two days. The uploader counter-notifies, and she files a claim and notifies the host before the restore date.

Common mistakes

• Sending a vague notice without exact URLs.
• Using takedowns against reviews or criticism.
• Missing the window after a counter-notification.
• Assuming an overseas platform follows the Malaysian procedure; many use their own forms.

When to speak to a lawyer

When a counter-notice arrives, or when infringement is large or repeated. See IP and trademark disputes or contact us.

Frequently asked questions

Does this apply to trademarks?

No. Part VIB is a copyright procedure. For fake goods, use the platform's IP complaint process and trademark remedies.

What if my content was taken down wrongly?

You may counter-notify under section 43H(3), and you may have a claim if the notice was knowingly false.

Can I claim damages through a takedown?

No. Damages require a court claim or settlement.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Copyright Act 1987 (Act 332), AGC Laws of Malaysia
2. Intellectual Property Corporation of Malaysia (MyIPO), official portal

Fact-checked on 17 Oct 2026