1.1 

These By-Laws may be cited as the Complaints Bureau By-Laws

2.1 

In these By-Laws unless the context otherwise requires

means a member of the Society pursuant to Article V Section (4) of the Constitution

means this Complaints Bureau established by these By-Laws pursuant to Article XVII of the Constitution.

means the Content Code referred to in Article III of the Constitution.

means the Council of the Forum Kandungan Komunikasi dan Multimedia Malaysia

means the Forum Kandungan Komunikasi dan Multimedia Malaysia

means member of the Society pursuant to Article V section (2) of the Constitution.

means handwritten, typewritten, printed, lithographed, photographed, electronically stored or transmitted or any other method of fixing information in a form capable of being preserved.

2.2

Unless the context otherwise requires words and expressions used in these By-Laws shall have the meanings respectively assigned to them in the Constitution.

To consider and deal with Complaints relating to content as provided for in the Code

To investigate any content which is considered to be in breach of the Code without there necessarily having been a complaint.

3.3

To rule on any dispute arising between members of the Society or a member of the Society and a non-member.

3.4 

To interpret the provision of the Code when the need arises or a request is made.

4.1 

The Bureau shall consist of the following persons appointed in the manner set out hereafter:-

(a)	a Chairman;
(b)	One member representing Advertisers;
(c)	One member representing Audio text Service Providers;
(d)	One member representing Broadcasters;
(e)	One member representing Civic Groups;
(f)	One member representing Content Creators/ Distributors; and
(g)	One member representing Internet Access Service Providers.

4.2

The Council shall appoint a person who is a retired Judge or a retired Judicial Officer of the Judicial Service or anyone the Council deems fit to be the chairman.

4.3

Except for the Chairman, the members of the Bureau shall be appointed at the Annual General Meeting of the Content Forum on the recommendation of the Council from amongst the ordinary members of the Society who may or may not be members of the Council.

4.4

A member of the Society appointed to the Bureau shall be entitled to appoint another member of the Society as its alternate. Such alternate member shall be from the same category as the member appointing him.

4.5

Each member appointed to the Bureau and the alternate appointed by such member shall notify the Secretary of the name of its representative (or his alternate).

5.1

5.2

5.3

6.1

6.2

The Council may at anytime terminate the appointment of a Chairman or a member of the Bureau if:-

6.3

he becomes of unsound mind or otherwise incapable of performing his duties or managing his affairs;

6.4

he becomes bankrupt or insolvent;

6.5

his performance has been unsatisfactory for a significant period of time;

6.6

in the case of the Chairman, if he absents himself from a meeting of the Bureau without leave of the Council;

6.7

in the case of a member of the Bureau other than the Chairman, if he absents himself  from three consecutive meetings of the Bureau without leave in writing of the Chairman;

6.8

if his conduct, whether in connection with his duties as a member of the Bureau or otherwise, has been such as to bring discredit to the Bureau.

6.9

The Council may also terminate the appointment of a member of the Bureau if sub-paragraph (a) or (b) applies to its representative and a replacement is not provided within seven (7) days of the notification of such event.

7.1

The Bureau shall hold as many meetings as are necessary for the efficient performance of its functions and such meetings are to be held at such places and times as the Chairman may decide.

7.2

The Bureau shall convene from time to time on an ad hoc basis or on such regular basis as it may determine to consider, deal with and adjudicate on complaints regarding a breach of the Code.

7.3

The Chairman shall call for a meeting if requested to do so in writing by the Council or by at least two members of Bureau.

7.4

The quorum of the Bureau shall be made up of the Chairman and at least three members or if the Chairman is absent any three members who shall from amongst themselves elect one of themselves to be Chairman.

7.5

The decision of the Bureau on any matter shall be made by majority of votes of the members.

7.6

If on any question to be determined by the Bureau there is an equality of votes, the Chairman shall have a casting vote in addition to his deliberative vote.

7.7

The exercise of the powers or the performance of the functions of the Bureau shall not be affected only because of there being a vacancy in the membership of the Bureau.

7.8

Any complaint received and all such evidence submitted to the Bureau in connection therewith shall be treated as confidential and be used solely for the purpose of considering the complaint. Except for the decision such evidence or any part thereof shall not be disclosed by any member or employee of the Bureau to any third party.

8.2 

The Bureau may combine two or more inquiries into a single inquiry.

8.3

On receiving a complaint and prior to adjudication, the Bureau shall allow the parties an opportunity of coming to an amicable resolution and for the purpose provide necessary assistance and guidance.

8.4

If the subject of the complaint cannot be resolved, the Bureau shall proceed to deal with the complaint in the manner hereafter provided.

9.1

Where the Bureau receives any complaint from a member of the public, the complaint shall be referred to Chairman who shall immediately consider the same. If the Chairman is of the view that the complaint is frivolous or prima facie lacking in merit of outside the scope of the Code, he shall forthwith notify the complainant that no further action is being taken and the reasons therefore.

9.2

If By-Law 9.1 does not apply, the Chairman shall immediately cause the complaint to be forwarded to the party complained against for a response within two (2) working days.

9.3

If the Chairman upon a consideration of the complaint and response is of the view that are no sufficient grounds for upholding the complaint, the Chairman shall circulate the views together with the complaint and the response to members of the Bureau  within four (4) working days of receipt of the complaint.

9.4

If within three (3) working days, the majority of the members agree with the view of the Chairman, the Bureau may write to the complainant that there are no sufficient grounds to uphold the complaint.

9.5

If the Chairman is of the view that the complaint has no merits but any member / two (2) members disagree and take the view that there are merits a meeting of the Bureau shall be convened within three (3) working days.

9.6

 If the Chairman is of the view that the complaint has merits, copies of the complaint together with response of the party complained against shall be circulated to the members for their views within a further two (2) working days. Thereafter:

(b) If there is a difference of opinion a meeting of the Bureau shall be convened within three (3) working days.

9.6

Any complaint, which is made, shall be in writing specifying the section of the Code, if possible, which has been breached together with documents or details of conduct, which it is alleged, constitute the breach.

Any complaint that any member or person from the industry has should in the first instance be raised with the offending party in writing specifying the section of the Code which has been breached with a copy extended to the Bureau.

If within two (2) working days the complaint has not been resolved to the satisfaction of the aggrieved party, than either party shall advise the Bureau in writing which shall then take the following action:-

(a) Copies of the complaint shall be circulated to the members for their views.
(b) The members shall submit their views to be received within two (2) working days of the Bureau’s communication with them
(c) In the event the views are unanimous the Chairman shall instruct the Bureau on the action to be taken.
(d) In the event of a difference of opinion a meeting of the Bureau shall be convened within three (3) working days to consider the complaint.

In all cases the Bureau may for the purpose of the inquiry request for evidence in support of the complaint and an explanation against the complaint and for the purpose may request:-

(a) the complainant and respondent and their witness to attend in person.
(b) a written submission with documents in support by the claimant and respondent.
(c) call any party who submits such document to be personally present to provide such clarification as may be required
(d) and specify the time at which or within which the attendance of complainant or respondent and their witnesses to be present and to attend to submit the requisite documents that is required.

11.1

The Bureau may call either party to the dispute or any outside independent party for further information or further evidence to be adduced.

11.2

The decisions of the Bureau shall be by a majority the members present and in writing and be notified in writing to the interested parties advising them of the decision and action which is required to be taken.

11.3

In the event after the decision, the complainant or respondent comes into possession of evidence not earlier available, such party may request the Bureau for reconsideration of its earlier decision. Such request for reconsideration shall be accompanied by a fee to be determined by the Bureau and any decision upon such reconsideration shall be final.

In the event of any question arising out of the interpretation of these By-Laws, the same shall be decided by members of the Bureau.

13.1

14.1

14.2

Any decision made by the Bureau pursuant to a complaint where a dispute exists shall be published in the Forum website on monthly basis.

14.3

The Bureau shall report to the Council the outcome of its mediation efforts or the ruling made.

15.1

A member of the Bureau shall disclose, as soon as practicable, to the Chairman any interest, whether substantial or not, which may conflict with the member’s duties as a member of the Bureau, in a particular matter.

15.2

15.3

15.4

16.1

The Bureau shall be empowered to give advice and opinion on any provision of the Code at the request of a member of the Forum.

16.2

Nothing herein shall be construed to prevent the Bureau from reconsidering and revising any advice opinion which has been rendered at the request of the member of the Forum.

16.3

The Bureau shall publish from time to time guideline and procedures for receiving and dealing with complaints received.

17.1

The provisions as to the time within which any party is required to act or respond shall be strictly observed.

17.2

All time limits set out in these by By-Laws may be extended by the Bureau in its discretion if the Bureau considers that their strict application may cause injustice.

18.1

These By-Laws maybe amended, altered or repealed by an ordinary resolution of the Council.