(1) Overview:
The MCMC’s initial acceptance of the Executive Director as a permanent staff of the Commission raised the issues of the Forum’s independence and conflict of interest. It is our argument that we should look at the advantages of having the Executive Director represent us in the Commission.
It is our desire to have a stronger relationship with the MCMC and it is our hope too that the appointment of the Executive Director would further enhance the administration of the Forum in order to ensure greater success in the networked content industry. Supplementing this would be the organisation of regular dialogues with the MCMC aimed at handling the issues that arise in the industry through consultation with each other.
The growing importance of the Forum could not be understated. A recent acknowledgement of our role arrived via the invitation to join the MyICMS886 Working Committee on content and applications. Our involvement would include consultative feedback and recommendations on policy, strategy and other programmes towards the effective implementation of MyICMS886.
I would like to remind all of us here that it is our solemn duty to continue to voice out the issues that affect the industry, whether they concern the content broadcast by the assorted media platforms in Malaysia or industry sensitive matters. It is also our responsibility to ensure that the industry achieves self-regulation that takes into cognizance the needs of the various parties.
As we look back on the reports that we have gathered over the course of a year, I would like to urge you to reflect on whether we have strove hard enough to meet the objectives and challenges that we set out for us for the second year in our 2006/07 term.
(2) Malaysian Communications and Multimedia Council (MCMC), the Ministry of Energy, Water and Communications (KTAK) and the Ministry of Culture, Arts and Heritage (KekkWa):
MCMC:
In May, 2006, I had a productive meeting with the new Chairman of the MCMC, Dato Dr Halim Shafie. He has considerable knowledge of the issues and concerns of the industry following his stints as the Deputy KSU of KTAK, when he was involved with the CMA 1998. Halim expressed an interest to forge a close working relationship with the industry and there are gains to be attained by working together to promote the self-regulatory approach of the CMA 1998 and the formation of a content development division.
I had again raised the matter of content classification and the general consensus is that a change in programme classification would be warmly received. Pursuant to this matter, a “Programme Classification Paper” was submitted to the MCMC in early July. Other matters that were highlighted were the branding of unallowable content and a level playing field for all media.
KTAK:
A meeting with KTAK to discuss the Cabinet decision to provide a holistic set of guidelines on television broadcasting allowed the MCMC and CMCF to reiterate the holistic nature of the Content Code; its applicability and suitability to the industry and the public at large.
It was revealed that the Cabinet had issued the direction on the basis of a memorandum submitted by KekkWa to initiate a move to incorporate elements of our culture, arts and heritage into the existing framework, a copy of which was made available to us. The Forum was requested to (1) relate the relevancy of the 28 Acts cited in the Content Code with content (2) relate the relevant sections in the Content Code with the guidelines provided by KekkWa.
Following a second meeting with the KTAK on this matter, it was felt that a legal weight was necessary for the requests to be expounded and clarified to allow KTAK to explain that the proposed guidelines were actually embedded in the Content Code and would negate the need for another set of guidelines.
Broadcasting guidelines
A comparison of the overall television broadcasting guidelines was made with the draft guidelines for broadcast censorship that was prepared by KekkWA in respect of the arts and culture to establish that the Content Code was consistent with the draft, taking into account the effect of other prevailing legislations on electronic content.
A compilation of the current guidelines, which was finalised in November, 2006, was to be tabled at the meeting of the Jawatankuasa Penyelarasan Pemantauan Siaran Televisyen dan Radio Awam dan Swasta before submission to KekkWA. The Deputy Minister of KTAK had briefed the Dewan Rakyat in November, 2006 on the overall guidelines, which will incorporate the guidelines issued by KTAK; KekkWA; Home Ministry and Ministry of Information.
As per latest development in the beginning of this year, a newly composed draft Garis Panduan Menyeluruh Mengenai Penyiaran Program Televisyen (GMPPTV) was tabled at the working committee that the Forum sits in. The GMPPTV contains salient points of various aspects under other prevailing guidelines and it was provided that it must be read in conjunction with current existing guidelines.
A request had been made for the Forum to review the draft before its finalisation as it is our view that the Forum should be consulted at every stage for it to be an all-encompassing document.
(3) Sub Codes Drafting:
Music Content
A draft copy of the sub-code was developed. There are two diverging views on the sub-code: that it should be a detailed sub-code or assume a general outlook and amendments were made to the draft. In June, 2006, the sub-code draft was submitted to the Industry Development Division of the MCMC.
Mobile Services
In February, 2006, upon examination of the MCMC benchmarks on the Mobile Sub-Code, it was felt that there is not a need for a separate sub-code as most or all issues have been covered by the Content Code. The Content Code; Consumer Code and the CPA Services Guidelines govern the conduct of most content providers and it would be tough to manage an additional code.
The committee awaits the draft guidelines from the MCMC and it was agreed that, due to the diversity of the code, specific issues may need a sub-code. It was agreed in July, 2006 that mobile services or content would adhere to the guidelines developed by the MCMC and the industry. A request was made for a copy of these guidelines and it was agreed that this item is removed from the agenda.
Telekom Malaysia encouraged the Forum in July, 2006 to look into the guidelines adopted by major wireless carriers in the United States and see, where it is suitable, to integrate the significant provisions into the Content Code. The Forum felt that, if there was a need to amend the Code, the initiative must come from either the MCMC or our through members via the Council.
Live & Delayed Broadcast
The draft has been prepared only for us to be informed that the MCMC have already prepared a draft of their own, with a planned briefing to follow soon. As it is expected that the MCMC will take an exclusive approach to the sub-code, we have reserved our right to lodge our protest if their guidelines were deemed impractical.
(4) Working Committees:
Membership:
As of March 2007, our membership stood at 43 ordinary and two associate members. We have exercised our discretion and scrutinised every application to ensure that would-be members are capable of holding forth the ideals and principles of the Forum.
While it is our aspiration that members of the Forum represent high credibility and an eagerness to contribute to our cause, we must not neglect the ongoing effort to raise the awareness of the Forum to potential members.
There is a need to examine the relevancy of the category “Audiotext Service Providers” as the technology has changed the nature of their business.
Website Development:
A large expense item on our budget is the maintenance of the website and it was proposed that we employ a staff who could manage the site. It was also suggested that the site was updated daily, instead on a weekly or monthly basis, as the objective of the site was to promote self-regulation and drive the industry.
It was felt that there was never any matter of industry interest in the site and a sub-committee comprising the Vice-Chairman; Secretary, Treasurer and the Executive Director propose measures to overcome this deficiency.
To-date, the Executive Office has revamped the website for which the overall façade has been simplified for ease of navigation and to project a more contemporary and professional look. The work was carried out internally. It was also suggested and encouraged that members should contribute future content to be uploaded onto the site.
Publicity:
The Forum participated in the National Internet Governance Forum (IGF) Workshop held in August, 2006 which covered a wide range of topics that included openness; diversity; security and access. The IGF were formed following the instruction of the WSIS to the UN Secretary General to institute a multi-stakeholder forum to debate primary public issues concerning the administration of the global internet.
The Central Region of the MCMC (MCMC Wilayah Tengah) had requested a presentation from the Forum for their Consumer Awareness Seminar aiming at preparing consumers in respect of communications and multimedia.
The secretary helmed the presentation and faced the query whether the Forum confers with JAKIM in relation to the deliberations at the Complaints Bureau and responded that the Content Code has been endorsed by the various government agencies and that the Bureau’s scope was limited to interpreting the Content Code. In September, 2006, we participated in Kempen Ipositif Peringkat Negeri Pulau Pinang, organised by MOSTI.
The Forum receives numerous invitations to partake in industry-related programmes and seminars. Lessons have been learned through our involvement with these events and it is our opinion that we must be selective in our participation in order to maximise our resources and focus. Nevertheless, for the past year, the Forum were present at several programmes that covered the all regions in the peninsular and the state of Sabah.
Legal
Based on the advice of the committee, the Forum had amended its Constitution, to ensure that the complaints bureau bylaws were consistent with the Constitution.
The position of alternates at the Complaints Bureau was also clarified.
Content Advisory Service:
It was noted in January, 2006 that the framework in dealing with Content Advisory Service (CSA) was completed and approved and it was felt that both services (the Complaints Bureau and CSA) should be merged in the absence of unfavourable reasons.
Mr. Paul Loosley promised to propose a new plan and it was agreed that the Complaints Bureau Chairman could act on content advisory request on an ad-hoc basis.
(5) Complaints Bureau:
Datuk Mohamed Bazain Idris, the former State Attorney Gneral of Sabah, was proposed as a candidate to assume the position of the Complaints Bureau’s Chairman in June, 2006 and his two-year term appointment was finalised in July, 2006.
Complaints Bureau By-laws
It was stressed that the by-laws and the Bureau were already guided by all other related laws by virtue of Sections 3.5 and 6.4 and that the publications of the Forum’s decisions - available on the website – ensured sufficient transparency.
It was also emphasised that all complaints will be treated with equal importance on the basis of their content rather than their source and it was felt that this principle must be enshrined in the By-laws given the self-regulatory nature of the Forum. The notification of the adoption of the Complaints Bureau By-laws was placed on the CMCF website and will take effect from September 12, 2006.
A separate report on the Complaints Bureau would be contained in this Annual Report.
6. Finance
The Council has managed the finances of the Forum very prudently. Although the funds from the Commission come in rather late or early in the next year, the Council has kept expenses under control.
In the long run the Council must consider fund raising activities.
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