Influencer Agreement (Malaysia)
INFLUENCER AGREEMENT
Contracts Act 1950 (Malaysia) | Copyright Act 1987 | Consumer Protection Act 1999 | Communications and Multimedia Act 1998
THIS INFLUENCER AGREEMENT is made on [Agreement Date]
BETWEEN:
(1) [Brand Name] (SSM No. [Brand SSM Number]) of [Brand Address] (hereinafter referred to as the "Brand"); AND
(2) [Influencer Name] (MyKad/Passport No. [Influencer IC/Passport]) of [Influencer Address], operating social media accounts at [Social Media Handles] (hereinafter referred to as the "Influencer").
The Brand and the Influencer are hereinafter collectively referred to as "the Parties".
1. CAMPAIGN AND DELIVERABLES
1.1 The Brand engages the Influencer to produce and publish sponsored content for the campaign known as [Campaign Name] (the "Campaign").
1.2 The Influencer shall produce and publish the following deliverables: [Deliverables]
1.3 All content shall be published in accordance with the following schedule: [Posting Schedule]
1.4 The Influencer shall submit all content to the Brand for approval at least [Approval Period] before the scheduled posting date. If the Brand does not respond within [Approval Period] of receipt, the content shall be deemed approved.
1.5 All published content must include the following hashtags and disclosures: [Required Hashtags]. The Influencer shall ensure all disclosures comply with the Advertising Standards Authority of Malaysia (ASAM) guidelines and the Communications and Multimedia Content Code (CMCC) under the Communications and Multimedia Act 1998.
2. COMPENSATION
2.1 The Brand shall pay the Influencer a fee of [Influencer Fee] (Malaysian Ringgit) for the deliverables described in Clause 1 (the "Fee").
2.2 Payment shall be made as follows: [Payment Terms]
2.3 The Influencer acknowledges that the Fee constitutes income for Malaysian income tax purposes under the Income Tax Act 1967 and is responsible for declaring and paying all applicable taxes to the Inland Revenue Board of Malaysia (LHDN).
3. INTELLECTUAL PROPERTY
3.1 The Influencer retains all copyright in the content created pursuant to this Agreement under the Copyright Act 1987 (Malaysia), Section 26, unless expressly assigned herein.
3.2 The Influencer grants the Brand the following rights in respect of the content: [IP Licence Type]. The licence includes the right to reproduce, publish, distribute, and display the content on the Brand's owned digital channels.
3.3 The Brand shall not modify, adapt, or create derivative works from the Influencer's content without the Influencer's prior written consent.
4. EXCLUSIVITY AND RESTRICTIONS
4.1 The Influencer agrees to the following exclusivity arrangement: [Exclusivity Period]. The Influencer shall not publish sponsored content for any directly competing brand within the same product category during the exclusivity period.
4.2 This exclusivity clause applies only during the period specified and to the specific competing brands or product categories identified above. Nothing in this clause constitutes an unlawful restraint of trade under Section 28 of the Contracts Act 1950.
5. DISCLOSURE AND COMPLIANCE
5.1 The Influencer shall comply with all applicable Malaysian laws and regulations governing advertising and sponsored content, including the Consumer Protection Act 1999, the Communications and Multimedia Act 1998, and the ASAM Code of Malaysian Advertising Practice.
5.2 The Influencer shall include clear and conspicuous paid partnership disclosures on all sponsored content published pursuant to this Agreement, using labels that comply with the ASAM guidelines.
5.3 The Brand shall not instruct the Influencer to publish content that is false, misleading, or that violates the Consumer Protection Act 1999 or any other applicable Malaysian law.
6. CONFIDENTIALITY
6.1 The Influencer shall keep confidential all information relating to the Campaign, including the Fee, campaign strategy, unreleased product information, and any other information designated as confidential by the Brand.
6.2 The confidentiality obligation under this clause survives termination of this Agreement for a period of 12 months.
7. TERMINATION
7.1 Either party may terminate this Agreement by providing [Termination Notice] written notice to the other party.
7.2 The Brand may terminate this Agreement immediately without notice if the Influencer breaches any material obligation under this Agreement, engages in conduct that brings the Brand into disrepute, or is convicted of any criminal offence.
7.3 Upon termination, the Brand shall pay the Influencer a pro-rated portion of the Fee reflecting deliverables completed and approved prior to the termination date, and the Influencer shall remove any content published pursuant to this Agreement if directed to do so by the Brand.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 This Agreement is governed by and construed in accordance with the laws of Malaysia, including the Contracts Act 1950.
8.2 Any dispute arising out of or in connection with this Agreement shall be resolved by: [Dispute Resolution]
9. ADDITIONAL TERMS
[Additional Terms]
10. GENERAL
10.1 This Agreement constitutes the entire agreement between the Parties in relation to the Campaign and supersedes all prior discussions, representations, and agreements.
10.2 Any amendment to this Agreement must be in writing and signed by both Parties.
10.3 If any provision of this Agreement is found to be invalid or unenforceable under Malaysian law, the remaining provisions shall continue in full force and effect.
Brand Representative
________________
Signature
Influencer
________________
Signature
What Is a Influencer Agreement (Malaysia)?
An Influencer Agreement in Malaysia records the terms the parties accept and the commitments each makes to the other.
The Malaysian Communications and Multimedia Act 1998 (CMA 1998) and the Communications and Multimedia Content Code (CMCC) issued by the Malaysian Communications and Multimedia Commission (MCMC) impose obligations on digital content creators publishing on platforms accessible in Malaysia. Under the CMCC, content that promotes products or services must not be misleading, and influencers publishing sponsored material must clearly identify paid partnerships to avoid contravening the Consumer Protection Act 1999, which prohibits false or misleading representations in trade or commerce.
The National Advertising Association of Malaysia (NAAM) and the Advertising Standards Authority of Malaysia (ASAM) have published guidelines requiring influencers to disclose paid partnerships using explicit labels such as #ad, #sponsored, or #advertisement in Bahasa Malaysia or English. Non-compliance with disclosure obligations can attract enforcement action from the Ministry of Domestic Trade and Cost of Living under the Direct Sales and Anti-Pyramid Scheme Act 1993 if products are promoted through referral structures.
Intellectual property rights in influencer-created content are governed by the Copyright Act 1987 (Malaysia). Under Section 26 of the Copyright Act 1987, the author of an original artistic or literary work is the first owner of copyright. An Influencer Agreement must therefore specify whether the brand obtains a licence to use the content or whether copyright is assigned outright, as the default position under Malaysian law vests ownership in the creator, not the commissioning party.
A Malaysia Influencer Agreement differs from a standard Services Agreement under the Contracts Act 1950 in that it specifically addresses platform-specific deliverables (Instagram posts, TikTok videos, YouTube integrations), performance metrics, content approval workflows, and social media-specific exclusivity windows that are not typically addressed in general service contracts.
The legal framework governing the Influencer Agreement (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Influencer Agreement (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Companies Act 2016 (Act 777) sets the foundational requirements.
When Do You Need a Influencer Agreement (Malaysia)?
A Malaysia Influencer Agreement is required whenever a brand engages an individual social media creator to produce or publish promotional content in exchange for monetary or non-monetary compensation.
A Malaysia Influencer Agreement is needed when a fast-moving consumer goods (FMCG) company, such as a food and beverage brand subject to the Food Act 1983 (Malaysia), commissions an influencer to review or promote its products. Without a written agreement, the brand has no contractual basis to control the content, demand revisions, or reclaim ownership of published material.
An Influencer Agreement is required when a financial services company regulated by Bank Negara Malaysia (BNM) under the Financial Services Act 2013 or the Islamic Financial Services Act 2013 engages an influencer to promote investment products, insurance policies, or banking services. The Securities Commission Malaysia's (SC) Guidelines on Digital Assets and social media promotion rules require that promotional content for financial products comply with the Capital Markets and Services Act 2007.
An Influencer Agreement is necessary when a pharmaceutical company subject to the Control of Drugs and Cosmetics Regulations 1984 (Malaysia) engages health or beauty influencers to promote registered products. Promotional content for therapeutic goods must comply with the Medicines (Advertisement and Sale) Act 1956, and a written agreement allocates responsibility for compliance between the brand and the influencer.
An Influencer Agreement is required when an influencer with a large following across Malaysian platforms such as Astro, Facebook Malaysia, or Instagram agrees to an exclusivity arrangement preventing them from promoting competing brands during a campaign window. The exclusivity clause must be reasonable in scope, geographic reach, and duration to be enforceable under the Contracts Act 1950 and not constitute an unlawful restraint of trade under Section 28.
A written Influencer Agreement is needed when the brand is a foreign entity operating in Malaysia that needs to specify the governing law as Malaysian law and designate the courts of Malaysia or the Asian International Arbitration Centre (AIAC) as the dispute resolution forum under the Arbitration Act 2005.
What to Include in Your Influencer Agreement (Malaysia)
A valid Malaysia Influencer Agreement must contain the following essential elements to be enforceable and to protect both the brand and the influencer.
Parties: Full legal names, MyKad or passport identification numbers for individual influencers, and company registration numbers under the Companies Act 2016 (Malaysia) for corporate brands. The Companies Commission of Malaysia (CCM/SSM) registration number should be stated for Malaysian registered entities.
Deliverables: A precise description of the content to be produced, including platform (Instagram, TikTok, YouTube, Facebook, Twitter/X), format (static post, Reel, Stories, YouTube integration, live stream), quantity, required messaging or hashtags, and publishing schedule with specific dates in DD/MM/YYYY format.
Compensation: The agreed fee in Malaysian Ringgit (MYR/RM), payment schedule, and method. Where compensation includes gifted products, free services, or affiliate commissions under a tiered structure, all forms of consideration must be stated to satisfy the consideration requirement under the Contracts Act 1950.
Content Approval Process: The review and approval workflow specifying the number of revision rounds permitted, the timeline for the brand to respond (typically 3-5 business days), and the consequence of no response (deemed approval). This clause prevents disputes over content direction and protects the influencer from unreasonable rejection.
Intellectual Property Rights: A clear statement of whether the brand receives an exclusive licence, a non-exclusive licence, or a full assignment of copyright under Section 26 of the Copyright Act 1987. The licence scope must specify permitted uses, platforms, duration (e.g., 12 months from publication), and geographic territory.
Disclosure Obligations: The influencer's obligation to comply with the ASAM guidelines and the CMCC by including required disclosure labels (#ad, #sponsored) on all paid content, in a manner that is clear and conspicuous under the Consumer Protection Act 1999.
Exclusivity: Any restriction on the influencer promoting competing brands during the campaign period and for a post-campaign exclusivity window, stated with specific dates and clearly defined competitor categories.
Confidentiality: The influencer's obligation to keep campaign terms, compensation, and unreleased product information confidential, enforceable as a contractual duty under the Contracts Act 1950.
Termination: Rights to terminate for breach, insolvency, reputational issues (morality clause), or convenience, specifying notice periods and the treatment of fees upon early termination.
Governing Law: Malaysian law as the governing law, with the courts of Malaysia or the Asian International Arbitration Centre (AIAC) designated as the dispute resolution forum under the Arbitration Act 2005.
Additional compliance elements for a Influencer Agreement (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Influencer Agreement (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/business/services/influencer-agreement-malaysia
"Influencer Agreement (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/business/services/influencer-agreement-malaysia.
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title = {Influencer Agreement (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/business/services/influencer-agreement-malaysia}},
note = {Free legal document template. Based on Companies Act 2016 (Act 777)}
}Also available for these jurisdictions:
Frequently Asked Questions
An Influencer Agreement is legally binding and enforceable in Malaysia under the Contracts Act 1950 provided the agreement satisfies the requirements of a valid contract: offer, acceptance, lawful consideration, free consent between parties who are competent to contract, and a lawful object. An influencer who has attained 18 years of age and is of sound mind is competent to contract under Section 11 of the Contracts Act 1950. A written Influencer Agreement signed by both parties constitutes clear evidence of these elements. Malaysian courts, including the High Court and Court of Appeal, enforce commercial contracts in accordance with their express terms, provided the terms are not contrary to public policy or any written Malaysian law. Where the influencer is a minor (under 18), the Age of Majority Act 1971 renders any contract entered into by the minor void, meaning brands should engage the minor's parent or guardian as the contracting party.
Influencers in Malaysia are required to disclose paid partnerships and sponsored content under the Advertising Standards Authority of Malaysia (ASAM) guidelines and the Communications and Multimedia Content Code (CMCC) issued under the Communications and Multimedia Act 1998. The Consumer Protection Act 1999 prohibits false or misleading representations in trade or commerce, and presenting sponsored content as organic personal opinion constitutes a misleading commercial practice. The Ministry of Domestic Trade and Cost of Living (KPDN) enforces consumer protection laws in Malaysia. Influencers must use clear and conspicuous labels such as #ad, #advertisement, #berbayar (paid in Bahasa Malaysia), or #iklan in a position visible to viewers without requiring them to click or expand the caption. A well-drafted Influencer Agreement specifies the exact disclosure format required by the brand to standardise compliance across campaigns.
Under Section 26 of the Copyright Act 1987 (Malaysia), the author of an original work — including photographs, videos, written captions, and audiovisual content — is the first owner of copyright. This means that an influencer who creates sponsored content owns the copyright by default, even if the brand paid for the content's creation. A Malaysia Influencer Agreement must expressly address intellectual property ownership to change this default position. Brands typically require either a perpetual licence to use the content across specified platforms, or a full copyright assignment under Section 26(2) of the Copyright Act 1987, which requires a written and signed agreement. Without an IP clause, the brand risks using the influencer's content beyond the campaign period without authorisation, which constitutes copyright infringement under the Copyright Act 1987, entitling the influencer to damages or injunctive relief.
If an influencer breaches a Malaysia Influencer Agreement — for example by failing to publish content by the agreed date, failing to include required disclosures, or promoting a competing brand during an exclusivity period — the brand may pursue remedies under the Contracts Act 1950. Available remedies include damages for actual loss suffered under Section 74 of the Contracts Act 1950, an injunction from the High Court of Malaysia to restrain further breach, and recovery of fees already paid as money had and received. The Contracts Act 1950, Section 75, permits the parties to include a liquidated damages clause specifying a pre-agreed sum payable upon breach, provided the sum is a genuine pre-estimate of loss and not a penalty. Malaysian courts distinguish between genuine pre-estimates of damage (enforceable) and penalties (potentially unenforceable) following English common law principles applicable in Malaysia.
A Malaysia Influencer Agreement can include an exclusivity clause preventing the influencer from promoting competing brands during the campaign period. However, post-contract exclusivity clauses must comply with Section 28 of the Contracts Act 1950, which renders void any agreement that restrains a person from exercising a lawful profession, trade, or business. Malaysian courts have interpreted Section 28 strictly: post-termination exclusivity restrictions are generally unenforceable as a restraint of trade unless they fall within the limited exceptions (protection of trade secrets, business goodwill in sale of business transactions). An influencer exclusivity clause should therefore be limited to the duration of the campaign and a short post-campaign window (typically 30-60 days) and restricted to specific, named competing brands rather than broad product categories, to maximise the prospect of enforceability.
Influencer income derived from brand collaborations, sponsored posts, gifted products at market value, and affiliate commissions is subject to Malaysian income tax under the Income Tax Act 1967. Influencers who are Malaysian residents with annual income exceeding RM34,000 (after EPF deductions) must register with the Inland Revenue Board of Malaysia (LHDN/IRB) and file annual income tax returns. The Inland Revenue Board of Malaysia has issued guidelines confirming that influencer income is assessable as business income under Section 4(a) of the Income Tax Act 1967. Brands engaging influencers as independent contractors are not required to deduct Monthly Tax Deduction (MTD/PCB) but should obtain the influencer's income tax reference number for the brand's own deduction claims. Where the influencer is a GST-registered entity, brands should obtain a tax invoice for payments exceeding applicable thresholds under the Sales and Service Tax Act 2018.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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