BEARING IN MIND the national policy objectives of and
for the communications and multimedia industry and the
need to establish agreed standards of behaviour in respect
of industry members and to:
(a)
Promote a civil society where
information based services will provide the basis of continuing
enhancements to quality of work and life.
(b)
Regulate the long-term benefit
of the end user.
(c)
Promote a high level of consumer
confidence in service delivery.
(d)
Grow and nurture local information
resources and cultural representations that facilitate
the national
identity and global diversity.
(e)
Establish Malaysia as a major
global center and hub for communications and multimedia information
and content services.
1.2
BEING AWARE of the
need to avoid Content, which is indecent, obscene, false,
menacing or offensive in character with intent to annoy,
abuse, threaten or harass any person.
1.3
ACKNOWLEDGING THE
NEED of the viewers and listeners to be provided with
news and reporting to create an informed public bearing
in mind the need to ensure and preserve the country's
harmony and growth.
1.4
RECOGNISING THE NEED
to disseminate and to provide information and entertainment
to meet the diverse needs of the Malaysian viewers and
listeners in all Content relating to business, politics,
recreation, information, culture and education.
1.5
REALISING THAT VIEWERS
as consumers should have the freedom to view contents
of their choice. That choice must be balanced against
public interest for which as a compromise, guidelines
may be formulated to classify contents and suitability.
1.6
AND WHILST RECOGNISING
the right of the consumer to choose it is AGREED that
choice should be exercised with care and that the responsibility
could be shared by the individuals, parents, teachers
and guardians.
2.0
- General Principles
2.1
IT IS DECLARED AND ACCEPTED that the following general
principles shall apply to all that which is displayed
on or communicated and which is subject to the Act.
2.2
In creating and offering
news, reports, entertainment and advertisements, content
providers will bear in mind the need for a balance between
the desire of viewers, listeners and users to have a wide
range of Content options and access to information on
the one hand and the necessity to preserve law, order
and morality on the other.
2.3
The principle of ensuring
that Content shall not be indecent obscene, false, menacing
or offensive shall be observed.
2.4
There shall be no discriminatory
material or comment, which is based on matters of race,
national or ethnic origin, colour, religion, age, sex,
marital status, or physical or mental handicap.
2.5
Women and men shall
be portrayed with fair and equitable demographic diversity
taking into account age, civil status, race, ethno-cultural
origin, physical appearance, background, religion, occupation,
socio-economic condition and leisure activities, while
actively pursuing a wide range of interests.
2.6
Particular attention
shall be given to Content that is created for children
and to Content in which children are portrayed.
2.7
Attention will be given
to include and respect diversity such as may be expressed
through differences due to, but are not limited to, cognitive
or physical ability, culture, ethnicity, religion, socio-economic
status, gender, age, national origin, political persuasion,
marital status, educational background or geographic location.
2.8
Code subjects shall
endeavour to provide Content that, as far as possible,
caters to the various tastes and expectations of Malaysian
viewers and listeners recognising the varied tastes of
the Malaysian public.
2.9
Code subjects will
ensure, to the best of their ability, that their Content
contains no abusive or discriminatory material or comment
on matters of, but not limited to, race, religion, culture,
ethnicity, national origin, gender, age, marital status,
socio economic status, political persuasion, educational
background, geographic location, sexual orientation or
physical or mental ability, acknowledging that every person
has a right to full and equal recognition and to enjoy
certain fundamental rights and freedoms as contained in
the Federal Constitution and other relevant statutes.
3.0
- Objectives of the Code
3.1
The overriding purpose of this Code is to recommend guidelines
relating to the provision of Content through self-regulation
by the industry in a practical and commercially feasible
manner and at the same time foster, promote and encourage
the growth and development of the industry.
3.2
In doing so, it is
noted and acknowledged that the following specific objectives
shall guide the parties affected, governed by, administering
and subject to the Code:
(a) Meeting and supporting the
national policy objectives set out in the Act.
(b) Ensuring effective self-regulation
of the development, production and dissemination of Content.
(c) Empowering users of Content
to make an informed selection of the Content they consume.
(d) Recognise and keeping updated
with international as well as national standards, trends
and
sensitivities in applying and eviewing this Code.
(e) Ensuring compliance through
a regular process of monitoring.
4.0
- Scope and Coverage
4.1
This Code shall apply to all Content made available in
the Content industry in the networked medium and as defined
in this Code and under the Act.
4.2
This Code shall apply
to all Content Application Service Providers and in particular
but is not limited to:
(a) Each member of the forum;
(b) Each person who has submitted
their agreement to the Forum that they will be bound by
this
Code; and
(c) Each person whom the Commission
has directed in accordance with Section 99 of the Act.
5.0
- Definitions and Interpretation
5.1
For the purposes of this Content Code, the following words
and phrases, unless otherwise specified hereunder, bear
and have the same meaning as in the Communications and
Multimedia Act 1998.
Act means the Communications
and Multimedia Act 1998 (Act 588).
Applications Service Provider means a person who provides applications service; these
are persons who provide particular functions
such as voice services, data services, content-based services,
electronic commerce and other transmission services. In
particular, the Licensing Regulations
2001 lists as Application Service Providers, persons who
provide the functions or capabilities
delivered to end users which include any or all of the
following application services:
i)
Public
Switched Telephone Network telephony for the delivery
of voice and data communications;
ii)
Public
Cellular telephony services;
iii)
Public
Internet protocol telephony;
iv)
Public payphone
service;
v)
Public
switched data service for non-services that involve circuit
switching of data emanating
from one specific network facility to another;
vi)
Audiotext
Hosting Service enables a caller to receive a pre-recorded
message or interact with
a programme to receive information;
vii)
Directory
services;
viii)
Internet access
services;
ix)
Messaging
services;
x)
Private
payphones service;
xi)
Telegram
services.
Code means this Content
Code as may be revised from time to time.
Code Subjects means persons
who are subject to the Code.
Commission means the Malaysian
Communications and Multimedia Commission established under
the Malaysian Communications and Multimedia Commission
Act 1998 (A 588).
Complaints Bureau means
the Bureau referred to in Part 8 of the Code.
Content means any sound,
text, still picture, moving picture or other audio-visual
representation, tactile representation
or any combination of the preceding which is capable of
being created, manipulated, stored,
retrieved or communicated electronically.
Content Application Service
Provider Content Application Service Provider means
a person who provides a content applications
service. Examples of content applications services include:
(i)
Direct
To Home (DTH) subscription broadcasting, whether via satellite
or cable;
(ii)
Terrestrial
Free-to-Air TV and Radio; and
(iii)
Internet Web
casting and Streaming Videos
Content Forum means the
Communications and Multimedia Content Forum of Malaysia
(Forum Kandungan Komunikasi dan Multimedia
Malaysia) designated by the Commission under Section
212 of the Act.
Direct
Sale means the sale of goods or services which a person
conducts either by himself or through
any person authorised by him by receiving an offer for
a sale electronically.
Minor means a person who is under 18 years of age.
Network Facility means any element or combination of elements of physical
infrastructure used principally for,
or in connection with, the provision of network services,
but does not include customer equipment.
Online means a networked
environment, which is available through a connection to
a network service where content is available
to the public for access for a fee or otherwise.
Prohibited Content means
such content as is expressed to be prohibited under this
Code.
6.0
- Legal Status of the Code
6.1
In accordance with Section 95(2) of the Act, this Code
shall only be effective upon registration by the Commission;
(see appendix 1).
6.2
Compliance with this
Code is voluntary, subject to Section 99 of the Act and
the provision of this Code.
6.3
Compliance with this
Code shall be a defence against any prosecution, action
or proceeding of any nature, whether in court or otherwise
as stated under Section 98 (2) of the Act.
6.4
Notwithstanding this
Code and apart from the relevant legislation under the
Communications and Multimedia Act 1998, all applicable
Malaysian Laws including but not limited to sedition,
pornography, defamation, protection of intellectual property
and other related legislation are to be complied with.
7.0
- Interpretation
7.1
Where the intent or scope of this Code is in doubt, it
must be interpreted in the light of the General Principles
stated earlier and within the spirit of the Code as well
as the strict letter of it.
7.2
No Code of this nature
can be all-inclusive in view of changing circumstances.
It should take into consideration the intention of the
Act, which is for the industry to operate in an environment
of self-regulation, liberalisation and transparency.
8.0
- Complaints
8.1
Any complaint received by a content provider or service
provider should be resolved bearing in mind the spirit
of this Code. However, if the complaint cannot be resolved
it may be referred to the Complaints Bureau; (see Part
8 : Code Administration).
The Content Code 
