Date : Tuesday, 21 October 2004
Speech By:
Professor Tony Lee
Chairman
Communications and Multimedia Content Forum Malaysia
(The Content Forum/CMCF)
Venue : Malaysian Communications and Multimedia Commission, Cyberjaya
Date : Thursday , 21st October 2004
Salutations:
Yang Berhormat Dato' Dr. Lim Keng Yaik, Minister of Energy Water and Communications Malaysia
Yang Berhormat Dato' V. Danapalan, Chairman of the Malaysian Communications and Multimedia Commission
Encik Borhanuddin Osman, Vice-Chairman of the Communications and Multimedia Content Forum
Distinguished guests, Dato'-Dato', Datin-Datin;
Members of the media, ladies and gentlemen;
Content:
In 1999 at an industry briefing of the Communications and Multimedia Act 1998, the then Minister of Energy, Communications and Multimedia, Dato Leo Moggie started his address with a proverb that had two versions. The first version was "The identical species of a congruent plumage, converge in the closest proximity"
The other is a simpler version and immediately understood and recognized version 'Birds of a feather flock together".
He was hoping that although the participants were from different backgrounds, disciplines and working environments, we would be able to speak a common language - the language of mutual understanding for the common good.
He was demonstrating the process of converging taking place in the industry. Telecommunications, broadcasting and computing were different species so to speak. But then these industries are birds of a feather. They were rapidly converging into a single communications and multimedia industry.
We were told at that meeting that birds flock together because their survival depended on a high degree of cooperation. To go in divergent way would be to undermine their very existence. Policy makers, regulators, industry players, consumer organizations, or academics - must realize that they were mutually dependent. Co-operation was critical if we were all to benefit.
Soon after that and at the invitation of the Malaysian Communications and Multimedia Commission, the communications and multimedia industry was invited to deliberate and to take steps to form an industry forum called the Content Forum. The forum would then develop the Content Code.
Section 212 of the CMA 98 provided that the Commission may designate an industry body to be a content forum. Section 213 added that a content code prepared by the content forum or the commission shall include model procedures for dealing with offensive or indecent content.
The dynamic changes affecting the media landscape, especially caused by the unstoppable development of digital technologies was taking center stage. Television is a very powerful medium. Satellite changed the face of television by offering huge choice of programmes. The growing interchangeability of digital devices - in theory - one can watch a TV programme on a TV set, a PC and even a mobile phone. Digital technology is also affecting print media. Newspapers and magazines have migrated substantial parts of their editorial onto the web.
These devices have access into our homes. There are a family medium cutting across ages, crossing cultural and religious boundaries. All of us are open to its influence through hours of drama, comedy, thrillers, horror, entertainment and news every year.
We surf the world on our internet.
A medium with such direct strong impact has a scared responsibility not to offend with their content any significant proportion of its audiences which in Malaysia comprises a multi-racial, multi-religious body of consumers.
The meeting decided to take the opportunity offered by the regulators and set out to form the content forum. The forum was formed with six industry groups participating, namely the advertisers, the broadcasters, the audiotext hosting service providers, the internet access services providers, civic groups/institutions of higher learning and the content creators/distributors representing the demand and supply sections of the communications and multimedia industry.
It was the first time that the regulator had invited the industry to prepare a document to self-regulate the content industry. A cornerstone of the system is the active participation of those who practice the trade. Self-regulation means that the Code is drawn and enforced by the industry itself.
The Commission designated the Content Forum on 1 April 2001. The Forum is administrated by a constitution.
The Content Forum started on the premise that there was a need to protect the interests of the consumers by maintaining accepted community standards in content, balancing freedom of speech against the need to protect against potentially offensive and harmful material, and ensuring appropriate protection of fairness and privacy.
Against this background, the Malaysian Communications and Multimedia Content Code has been drawn up with guidelines and procedures for good practice and standards of content disseminated by service providers in the communications and multimedia industry.
The Code sets out the rules - drawn up by the members - for what is acceptable content. It applies to all content in the networked electronic medium - on radio, television, audiotext, internet (originating from Malaysia), electronic billboards and public transport.
Content in the Act in simple terms refers to programmes and advertisements. The Code essentially ensures the implementation of model procedures for dealing with offensive and indecent content extending to content classification, collation of complaints, content suitability, representation of Malaysian culture and identity, public education pertaining to content regulation, and other matters of concern to the community.
It deals with the informational and entertainment content that meets the diverse needs of Malaysian viewers; the freedom to view content of their choice without disrupting public interest; and the management of accountability by individuals and the public at large. It supports creativity, innovation and expansion of the industry.
The crux of the Code is as envisaged by Section 211 (1) of CMA 98 which states that "No content applications service provider, or other person using a content application service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person."
The Code is considerate of family values and the need to avoid and overcome biased portrayals on the basis of gender. It is also mindful of people with special needs or disabilities so as to not offend, patronize or to be oblivious to the needs of this special group of people.
It has specific provisions to cover advertisements, broadcasting, online, and closed content.
The Code sets out formal procedures of code administration by the Content Forum and the procedures for handling complaints. A complaints bureau headed by a retired judicial officer is in the process of being set up. The Complaints Bureau will ensure that the rules work in the interest of the consumers as well as business.
Upon finding that there has been a breach of the code, sanctions meted out by the complaints bureau may include a written reprimand; a fine not exceeding RM50,000 and/or removal of the content or cessation of the offending act.
The Code emphasizes the need to educate the public of the Code and its objectives and benefits to them. The Code recognizes that consumers have rights and that in the dissemination of content, the needs and protection of consumers must always be given priority.
The Code recognizes the right of consumers to choose content of their choice but believes that this choice be excercised with care and that responsibility should be shared by individuals, parents, teachers and guardians.
Most of the Code's provisions go beyond what the law demands. Every part of the communications and multimedia business chooses to exercise this additional self-restriant not only to minimize the likelihood of having further legislation imposed by government, but also to publicly demonstrate their commitment to the maintenance of the highest standards.
I humbly stand before you today to announce that the Content Code has been registered by the Commission and is effective as of 1 September 2004.
I must take this opportunity to thank so many people involved in the drafting of the constitution of the Forum and the Code itself. The Forum owes them a multitude of gratitude.
There is more work to be done. The Forum needs to look at local content development. Section 3 (2) of CMA 98 talks about growing and nurturing local information resources.
Today our consumers prefer to watch foreign sitcoms and serials from Hong Kong and India. There is a dire need to recognize the creative industries. These industries will make the difference in the new economy. Technology is available to all. Creativity will make the difference.
These industries have a potential for wealth and job creation through the generation and exploitation of intellectual property. Perhaps a study could be conducted to find out the threats and opportunities faced by the creative industries and the contribution they could make to the national wealth. There is also a need to ensure that creative businesses have access to appropriate financial support, and that the financial sector is aware of opportunities and the benefits of investing in the creative industries. The Commission should consider incentives for local produced content.
We have come a long way. We have a long way to go. The Content Code is a living document. It must choose to keep pace with the technology that is delivering content. The Forum must be continually vigilant. It must ensure that the code is reviewed from time to time to make it relevant at any point of time.
On behalf of the Content Forum, I must sincerely thank the Honorable Minister of Energy, Water and Communications, Yang Berhormat Dato' Dr Lim Keng Yaik for being here today to launch the Code and our website. We believe it was his courageous forward looking trait that finally saw the Content Code through. We would continue to look forward to his wisdom and direction to lead the communications and multimedia industry to achieve its maximum potential.
I thank the Commission and the members of the Forum for the opportunity to serve as the Chairman of the Content Forum.
