Extracts
from the Communications and Multimedia Act 1998
Part
I - PRELIMINARY
S.3 Objects
(1)
The
objects of this Act are -
(a)
To
promote national policy objectives for the communications
and multimedia industry;
(b)
To establish
a licensing and regulatory framework in support
of national policy objectives for the communications
and multimedia industry;
(c)
To establish
the powers and functions for the Malaysian Communications
and Multimedia Commission; and
(d)
To establish
powers and procedures for the administration of
this Act.
(2)
The
national policy objectives for the communications
and multimedia industry are -
(a)
To establish Malaysia as a major global centre and hub for communications and multimedia information and content services;
(b)
To promote a civil society where information based services will provide the basis of continuing enhancements to quality of work and life;
(c)
To grow and nurture local information resources and cultural representation that facilitates the national identity and global diversity;
(d)
To regulate for the long-term benefit of the end user;
(e)
To promote a high level of consumer confidence in service delivery from the industry;
(f)
To ensure an equitable provision of affordable services over ubiquitous national infrastructure;
(g)
To create a robust applications environment for end users;
(h)
To facilitate the efficient allocation of resources such as skilled labour, capital, knowledge and national assets;
(i)
To promote the development of capabilities and skills within Malaysia's convergence industries; and
(j)
To ensure information security and network reliability and integrity.
(3)
Nothing in this Act shall be construed as permitting the censorship of the Internet.
Part
V - POWERS AND PROCEDURES OF THE MALAYSIAN COMMUNICATIONS
AND MULTIMEDIA
COMMISSION
Chapter 9 - Voluntary Industry Code
S. 95 Code by the Industry Forum
(1)
An
industry forum may prepare a voluntary industry
code dealing with any matter provided for in this
Act -
(a)
on
its own initiative; or
(b)
The
voluntary industry code shall not be effective until
it is registered by the Commission.
(2)
The voluntary industry code shall not be effective until it is registered by the Commission.
S. 98 Compliance with a Registered Voluntary Industry
Code a Legal Defence
(1)
Subject
to section 99, compliance with a registered voluntary
industry code shall not be mandatory.
(a)
on
its own initiative; or
(b)
The
voluntary industry code shall not be effective until
it is registered by the Commission.
(2)
Compliance
with a registered voluntary industry code shall
be a defence against any prosecution, action or
proceeding of any nature, whether in a court or
otherwise, taken against a person (who is subject
to the voluntary industry code) regarding a matter
dealt with in that code.
S. 99 Directions to Comply with a Registered Voluntary
Industry Code
The
Commission may direct a person or a class of persons,
in accordance with section 51, to comply with a
registered voluntary industry code.
PART
IX - SOCIAL REGULATION
Chapter 2 - Content Requirements
S. 211 Prohibition on Provision of Offensive Content
(1)
No
content applications service provider, or other
person using a content applications service, shall
provide content which is indecent, obscene, false,
menacing, or offensive in character with intent
to annoy, abuse, threaten or harass any person.
(2)
A person who
contravenes subsection (1) commits an offence and
shall, on conviction, be liable to a fine not exceeding
fifty thousand ringgit or to imprisonment for a
term not exceeding one year or to both and shall
also be liable to a further fine of one thousand
ringgit for every day or part of a day during which
the offence is continued after conviction.
S. 212 Content Forum
The
Commission may designate an industry body to be
the content forum for the purposes of this Part.
The Content Code 
