1.0 Introduction

1.1  The Malaysian Communications and Multimedia Content Code (“Content Code”), sets out guidelines and procedures for good practices and standards for content disseminated for public consumption by service providers in the communications and multimedia industry.

1.2  The said Content Code has been registered on 1st September 2004 and addresses unsuitable content from a general perspective and is now in force.

1.3  Specific guidelines for the broadcast of songs on radio and television, which are easily accessible to a vast majority of Malaysians young and old alike (including children) are necessary and required.

1.4  It is therefore desired to develop and adopt a Sub-Code to ensure that songs which are inconsistent with public interest or order, national harmony, or which offend good taste or decency are not broadcast.

2.0 Objective and General Principles

2.1 The purpose of this Sub-Code is to address the subject of unsuitable content in relation to broadcast of songs on radio and television.

2.2 In particular no song is to be broadcast which is contrary to public interest or order, affects national harmony or which is offensive to good taste and/or decency.

2.3 This Sub-Code is in furtherance of the self-regulatory framework provided by the Content Code and is to be read as complementing the Content Code.

2.4 In addition to what is in the Content Code, this Sub-Code is to be read in a manner consistent with other laws, regulations, licence conditions and Government policies as well as directives and guidelines which relate to content.

2.5 The word "Songs" as used in this Sub-Code shall also mean music video recordings of songs broadcast over television and shall be in addition applicable to songs broadcast in any language.

3.0 Application & Scope

3.1 This Sub-Code shall apply to Content Applications Service Providers (“CASPs”) licensed under the Communications and Multimedia Act 1998 [Act 588] (“the Act”) and providing radio and television broadcast services.

3.2 Notwithstanding the preceding clause as mentioned in 3.1, the Sub-Code shall apply to all other persons or class of persons as may be directed by the Malaysian Communications and Multimedia Commission (“the Commission”).

4.0 Guidelines for Music Content

4.1 Songs broadcast on radio and television shall not contain content which is contrary to public interest or order, national harmony or otherwise offensive to good taste and decency.

4.2 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 Sub-Code.

4.3 In allowing songs to be broadcast on radio or television or both, the themes and values which :

• contain sexually suggestive sounds and obscene/vulgar words or connotations
• promote decadent moral values and lifestyles;
• glorify crime or violence or encourage anti-social behaviour such as drug taking, hatred, intolerance, etc.;
• denigrate the sensitivities of any racial and religious
• reinforce or promote superstitions or beliefs in witchcraft, the supernatural, occult or satanic worship,

need to be avoided, and procedures and mechanisms are to be positioned to ensure this.

4.4 In addition to the themes and underlying values, attention is to be paid to lyrics in the context of national interest, racial and religious harmony, moral and social values, violence, crime and gambling. In this connection there should be vetting of songs and Broadcasters must be mindful of the following:

a. National interest

The songs broadcast should not:

• promote values and attitudes which are contrary to national interest;
• contain propagandist and ideological messages on behalf of any foreign country;
• contain references glorifying a foreign country; or
• contain extremist or anarchic messages, including the incitement to violence for political ends or other purposes.

b. Racial & religious harmony

The lyrics of the song broadcast should not:

• denigrate or be likely to offend the sensitivities of any racial or religious group;
• incite or have the tendency to incite racial unrest; and/or
• disparage or cast any faith in poor light.

c. Moral and social values

The lyrics of the song broadcast should not:

• belittle the importance of the family institution or the sanctity of marriage;
• endorse, glamorise or encourage lifestyles that are inconsistent with Malaysian values;
• endorse, glamorise or encourage paedophilia, incest or sexual perversions;
• make references to any class or group of persons as being inherently inferior. Songs should not encourage or in any way discriminate against any section of the community on any account e.g. gender or disability;
• be obscene and lewd;
• endorse, glamorise or encourage smoking or alcoholism; and/or
• offend against good taste and decency.

d. Violence and crime

The lyrics of the song broadcast should not :

• endorse, glamorise, encourage, promote violence or crime in any way;
• endorse, glamorise, encourage or in any way that promote persons (e.g. gangsters, criminals) groups or organisations who use or advocate the use of violence or engage in any criminal activity.

e. Gambling

The lyrics of the song broadcast should not encourage, endorse, glamorise or promote gambling.

4.5 Care must be taken in broadcast of songs where religious content is involved. It is requisite that:

• For songs which may contain Islamic content, JAKIM clarification shall be sought.  Any song that may be or thought of as containing Islamic religious connotations should also be referred to JAKIM;

4.6 Songs by Muslim vocalists (solo only) should not be played for a reasonable period of time after the death of such vocalists as a mark of respect.

5.0 Legal Status of the Code

5.1 This Sub-Code shall come into effect immediately after its registration with the Commission;
 
5.2 Subject to the right of the Commission to direct a person or class of persons to comply with this Sub-Code pursuant to Section 51 of the Act, compliance with this Sub-Code is voluntary.

5.3 Notwithstanding this Code and apart from the relevant legislation under the Act, 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

6.0  Interpretation

6.1 Where the intent or scope of this Code is in doubt, it must be interpreted in the light of the General Principles stated in this Sub-Code and the Content Code and within the spirit of the Code as well as the strict letter of it.

6.2 The words and phrases used herein shall unless expressly otherwise stated have the same meaning as stated in the Act or the Content Code.

6.3 Sub-Code shall mean the Music Content Sub-Code.

6.4 Music Video means a filmed rendition of a recorded song that includes audio (lyrics) and/or video images.

7.0 Complaints

7.1 Any complaint received against or by a CASP providing radio and television broadcast services or any other person subject to the Sub-Code should be resolved bearing in mind the spirit of this Sub-Code. However, if the complaint cannot be resolved it may be referred to the Complaints Bureau of the Communications and Multimedia Content Forum of Malaysia.