Controlling
Access On the Internet
Since the adoption of the Internet as
a delivery mechanism for information, there has
been much debate about increased access and availability
of unsuitable material over the Internet since it
acts as a vital source of delivery of information.
With the popularity of the Internet comes a whole
host of issues concerning children and minors on
the Internet.
Censorhip On The Internet?
Legal System
The Malaysian legal system provides
that there is no censorship of the Internet by virtue
of Section 3 (3) of the Communications and Multimedia
Act 1998.
Nevertheless the Online environment
is not a legal vacuum. In general, if something
is illegal 'off-line' is also deemed illegal 'Online'.
Placing content on the Internet might
give rise to civil liability. An example of where
this arises is a person who places content on the
Internet that is in breach of copyright, defamation
or sedition laws. Content creators should be mindful
of laws relating to Defamation, Intellectual Property
(including copyright, trade marks, passing-off and
patents), Sedition and Trade Description.
Concept of Innocent Carrier
The Forum recognises the concept of
"innocent carrier". Code Subjects providing access
to any content but has neither control over the
composition of such content nor any knowledge of
such content is deemed an innocent carrier. An innocent
carrier is not responsible for the content provided
online.
Having noted that there is no censorship
of the Internet in Malaysia, the Forum has stipulated
within the Content Code, that Code Subjects should
adhere to the Specific Measures and General Measures
which help assist online users (parents, legislators,
educators and the public) exercise self censorship.
To Monitor or Not To Monitor?
The Forum recognises that it is difficult
and ineffective to monitor or control a user's access
to content available Online; thus it is left to
you, the user, to decide on the nature of Online
Content to be consumed and the tools to be utilised
in controlling such content. The Forum seeks to
assist and educate you, on the availability of filtering
tools to control access of material available.
Why Use Filtering tools?
Filters are computer programs designed
to limit access to certain types of content of the
Internet. The use of filters is not mandatory in
Malaysia either under law or within the Content
Code.
Users have discretion to choose whether
or not to install filters. The Forum recognises
that some families as well as educators are concerned
about the quality of the information that students
and children access on the Internet. From inaccurate
facts to pornography, there are many websites that
are inappropriate for children. It is an understood
fact that one cannot shelter children from the world
and even the strictest filtering software miss many
sites you might find offensive.
However, there are a number of different
tools and strategies available to end users to enable
them to minimise exposure to content that users
consider inappropriate for themselves or their families.
These include content filtering products and services.
There are also links to other web sites that contain
further information about ways of managing Internet
content.
Filters operate in various ways, and
different filters will be better suited to different
operating environments and age groups. More information
about filtering products and services can be obtained
from the following WebPages:
The Content Code 
