Section
211 of the Communications and Multimedia Act prohibits
Content that is indecent, obscene, false, menacing or
offensive in character with intent to annoy, abuse, threaten
or harass any person.
1.2
This requires Code Subjects
to ensure that material disseminated does not include
anything which offends good taste or decency; is offensive
to public feeling, is likely to encourage crime or lead
to disorder, or is abusive or threatening in nature.
1.3
The standards by which
content is measured, given the requirements, will be viewed
in the context of the country's social, religious, political
and educational attitudes and observances, as well as
the need to accommodate global diversity in a borderless
world.
1.4
In order to assist Code
Subjects as to the rules to be observed with respect to
content provided and to ensure compliance with the Act
through self-regulation, the following guidelines and
procedures are set out in this.
2.0
- Indecent Content
2.1
Indecent
Content is material which is offensive, morally improper
and against current standards of accepted behaviour. This
includes nudity and sex.
Nudity
Nudity cannot be shown under any circumstances,
unless approved by the Film Censorship Board.
Sex and
Nudity
Sex scenes and nudity cannot be shown
under any circumstances, unless approved by the Film Censorship
Board.
3.0
- Obscene Content
3.1
Obscene
Content gives rise to a feeling of disgust by reason of
its lewd portrayal and is essentially offensive to one's
prevailing notion of decency and modesty. There is every
possibility of such Content having a negative influence
and corrupting the mind of those easily influenced. The
test of obscenity is whether the Content has the tendency
to deprave and corrupt those whose minds are open to such
communication. Specific regards to be had to:
(i)
Explicit
Sex Acts/ Pornography
Any portrayal of sexual activity that
a reasonable adult considers explicit, and pornographic
is prohibited. The portrayal of sex
crimes, including rape or attempted rape and statutory
rape, as well as bestiality is not permitted
including the portrayal of such sexual acts, through animation
and whether consensual or otherwise.
(ii)
Child Pornography
Child pornography, including the depiction
of any part of the body of a minor in what might be reasonably
considered a sexual context, and any written material
or visual and/or audio representation
that reflects sexual activity, whether explicit or not,
with a minor is strictly prohibited.
(iii)
Sexual
Degradation The portrayal of women, men
or children as mere sexual objects or to demean them in
such manner is prohibited.
4.0
- Violence
4.1
Violence
occurs through the ravages of natural disaster, outrageous
acts of terrorism, war, human conflict both in fact and
through popular fiction, the antics of cartoon characters,
(body) contact sports and more. Violence is a reality
and Code Subjects need to be able to reflect, portray
and report on it.
4.2
To deny narration or
depiction of hard truths about the world would tantamount
to a substantial disservice to understanding of the human
condition. The portrayal of violence, with careful editorial
justification, has played a major part in popular storytelling
throughout human history, and must continue to have a
place in the civilizing process.
4.3
Violence, psychological
but especially physical or incitement to violence should
be portrayed responsibly, and not exploitatively. Presentation
of violence must avoid the excessive, the gratuitous,
the humiliating, and the instructional. The use of violence
for its own sake and the detailed dwelling upon brutality
or physical agony, by sight or sound is to be avoided.
Programs involving violence should venture to present
the consequences to its victims and perpetrators. Particular
care should be exercised where children may see, or be
involved in, the depiction of violent behaviour. Specific
considerations are as follows:
i)
Offensive
violence
The portrayal of violence, whether physical,
verbal or psychological, can upset, alarm and offend
viewers. It can be accused of causing undue fear among
the audience and of encouraging imitation.
Such public concerns require due consideration
whenever violence, real or simulated, is to be portrayed.
The treatment of violence must always be appropriate to
the context and audience expectation.
There is no defence of violence shown
or heard for its own sake, or for the gratuitous and wanton
presentation of sadistic practices and torture. Explicit
and excessive imageries of injury and
aggression, and of blood, are considered most offensive
and must be avoided.
The portrayal of violence is permitted
to the extent of news reporting, discussion or analysis
and in the context of recognised sports
events. In these matters,
a.
The
portrayal of violence, whether physical, verbal or psychological,
can upset, alarm and offend viewers. It can
cause undue fear among the audience and encourage imitation.
b.
Such
public concerns require due consideration whenever violence,
real or simulated, is portrayed. The treatment
of violence must be appropriate to the context and audience expectations.
c.
Gratuitous
and wanton presentation of sadistic practices and torture,
explicit and excessive imageries of injury
and aggression, and of blood, are to be avoided.
d.
The
portrayal of violence is permitted to the extent of news
reporting, discussion or analysis and in the
ontext of recognised sports events in the following instances:
i.
Use
of appropriate editorial judgment in the reporting of
audio and visual representation of violence,
aggression or destruction within their content.
ii.
Exercise
of caution and discretion in the selection of, and repetition
of Content, which depicts violence.
iii.
Viewers
to be cautioned in advance of showing scenes of extraordinary
violence, or graphic reporting on delicate
subject matter with appropriate warnings to audiences
in the case of gore or actual scenes of executions
or of people clearly being killed.
ii)
Imitable violence Due consideration must be given
to the fact that violence portrayed visually may be imitated
in real life. The presentation of dangerous
behaviour, which is easily imitated, must be justified,
and ideally excluded.
iii)
Sexual
violence
Graphic representations of sexual violence,
such as rape or attempted rape or other non- consensual
sex, or violent sexual behaviour are not allowed.
iv)
Violence
and young, vulnerable audiences The susceptibility of younger
audiences, particularly those impressionable minds must
be considered.
5.0
- Menacing Content
5.1
Content
that causes annoyance, threatens harm or evil, encourages
or incites crime, or leads to public disorder is considered
menacing and is prohibited.
5.2
Hate propaganda, which
advocates or promotes genocide or hatred against an identifiable
group, must not be portrayed. Such material is considered
menacing in nature and is not permitted.
5.3
Information which may
be a threat to national security or public health and
safety, is also not to be presented.
Illustration
i)
Making available instructions and guidance on bomb-making, illegal drug production or counterfeit products;
ii)
Disseminating false information with regards to outbreak of racial disturbances in a specific part of the country;
iii)
Circulating information and statements with regards to possible terrorist attacks;
iv)
Circulating or making available information with regards to the outbreak of a deadly or contagious diseases.
6.0
- Bad Language
6.1
Bad
language, including expletives and profanity is offensive
to many people. The use of crude words and derogatory
terms is most likely to cause offence and especially if
the language is contrary to audience expectation. Bad
language includes the following:
i. Offensive
Language The use of disparaging or abusive words
which is calculated to offend an individual or a group
of persons is not permitted.
ii) Crude
References
Words, in any language commonly used
in Malaysia, which are considered obscene or profane are prohibited including crude references to sexual intercourse
and sexual organs. It is, however, permissible
to use such words in the context of their ordinary meaning
and not when intended as crude language.
iii) Hate
Speech Hate speech refers to any portrayal
(words, speech or pictures, etc.), which denigrates, defames,
or otherwise devalues a person or group on the basis of
race, ethnicity, religion, nationality,
gender, sexual orientation, or disability and is prohibited.
In particular:
Descriptions
of any of these groups or their members involving the
use of strong language, crude language, explicit sexual
references or obscene gestures, are considered hate speech.
iv)
Violence Where
the portrayal of violence is permitted with appropriate
editorial discretion as in news reporting,
discussion or analysis and in the context of recognised
sports events, care must be taken to
consider the use of explicit or graphic language related
to stories of destruction, accidents
or sexual violence, which could be disturbing for general
viewing.
7.0
- False Content
7.1
Content,
which contains false material and is likely to mislead,
due amongst others to incomplete information is to be
avoided. Content providers must observe measures outlined
in specific parts of this Code to limit the likelihood
of perpetuating untruths via the communication of false
content.
7.2
Content is false where
prior to communications reasonable measures to verify
its truth have not been adopted or taken.
7.3
Content which is false,
is expressly prohibited except in any of the following
circumstances:
(a) satire and parody;
(b) where it is clear to an ordinary user
that the content is fiction.
7.4
Code Subjects must take
all necessary steps outlined in the specific parts of
this Code to limit the likelihood of provision of false
Content.
8.0
- Children's Content
8.1
Content
designed specifically for children of and below 14 years
reaches impressionable minds and influences social attitudes
and aptitudes. Code Subjects must closely supervise and
monitor the selection, control of material, characterisations
and plot. Nothing in the foregoing shall mean that the
vigour and vitality common to children's imaginations
and love of adventure need be removed. Specific attention
must be paid to the aspects stated below.
i) Violence
a) In children's content
portrayed by real-life characters, violence shall only
be portrayed when
it is essential to the development of character and plot.
b) Animated Content
for children, while accepted as a stylised form of storytelling,
which can contain
non-realistic violence, shall not depict violence as its
central theme, and shall not invite
dangerous imitation.
c) Content for children
must not contain scenes of violence, which minimise or
gloss over the effects
of violent acts. Any depiction of such violence must portray
in human terms, the consequences
of such violence to its victims and its perpetrators.
ii) Safety,
Security and Imitable Acts
a) Content for children
must deal carefully with themes which can threaten their
sense of security,
when portraying, for example; domestic conflict, the death
of parents or close relatives,
or the death or injury of their pets, street crime or
the use of drugs.
b) Content for children
must deal carefully with themes which could invite children
to imitate acts
which they see on screen, such as the use of plastic bags
as toys, use of matches, the
use of dangerous household products as playthings, or
dangerous physical acts such as
climbing apartment balconies or rooftops.
9.0
- Family Values
9.1
The
principles of intellectual and emotional equality of both
sexes and the dignity of all individuals are to be respected.
Despite societal discrimination, content should reflect
an awareness of the need to avoid and overcome biased
portrayals on the basis of gender. Women and men should
be portrayed as equals both economically and emotionally,
and in both public and private spheres.
9.2
Content should portray
all persons as supporting participants in the family unit,
home management and household tasks. They should be portrayed
as equal beneficiaries of family or single-person life,
in both work and leisure activities and, as far as possible,
under all types of thematic circumstances.
9.3
In the acquisition of
or involvement in non-Malaysian Content, Code Subjects
should make every effort to evaluate Content having with
regard to family values in relation to this Code.
10.0
- Persons with Special Needs
10.1
There
is a risk of offence in the use of humour based on physical,
mental or sensory disability, even where no malice is
present. Reference to disability should be included only
where relevant to the context and patronising expressions
replaced by neutral terms. It should be possible for persons
with special needs to be included in programmes of all
kinds.
The Content Code 
