ONLINE VERSION
PART 1: INTRODUCTION

 
1.0 - Preamble
 
1.1
BEARING IN MIND the national policy objectives of and for the communications and multimedia industry and the need to establish agreed standards of behaviour in respect of industry members and to:
(a)
Promote a civil society where information based services will provide the basis of continuing enhancements to quality of work and life.
(b)
Regulate the long-term benefit of the end user.
(c)
Promote a high level of consumer confidence in service delivery.
(d)
Grow and nurture local information resources and cultural representations that facilitate the national identity and global diversity.
(e)
Establish Malaysia as a major global center and hub for communications and multimedia information and content services.
1.2
BEING AWARE of the need to avoid Content, which is indecent, obscene, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass any person.
1.3
ACKNOWLEDGING THE NEED of the viewers and listeners to be provided with news and reporting to create an informed public bearing in mind the need to ensure and preserve the country's harmony and growth.
1.4 
RECOGNISING THE NEED to disseminate and to provide information and entertainment to meet the diverse needs of the Malaysian viewers and listeners in all Content relating to business, politics, recreation, information, culture and education.
1.5
REALISING THAT VIEWERS as consumers should have the freedom to view contents of their choice. That choice must be balanced against public interest for which as a compromise, guidelines may be formulated to classify contents and suitability.     
1.6
AND WHILST RECOGNISING the right of the consumer to choose it is AGREED that choice should be exercised with care and that the responsibility could be shared by the individuals, parents, teachers and guardians.

2.0 - General Principles
   
2.1
IT IS DECLARED AND ACCEPTED that the following general principles shall apply to all that which is displayed on or communicated and which is subject to the Act.
2.2
In creating and offering news, reports, entertainment and advertisements, content providers will bear in mind the need for a balance between the desire of viewers, listeners and users to have a wide range of Content options and access to information on the one hand and the necessity to preserve law, order and morality on the other.
2.3
The principle of ensuring that Content shall not be indecent obscene, false, menacing or offensive shall be observed.
2.4
There shall be no discriminatory material or comment, which is based on matters of race, national or ethnic origin, colour, religion, age, sex, marital status, or physical or mental handicap.
2.5
Women and men shall be portrayed with fair and equitable demographic diversity taking into account age, civil status, race, ethno-cultural origin, physical appearance, background, religion, occupation, socio-economic condition and leisure activities, while actively pursuing a wide range of interests.
2.6
Particular attention shall be given to Content that is created for children and to Content in which children are portrayed.
2.7
Attention will be given to include and respect diversity such as may be expressed through differences due to, but are not limited to, cognitive or physical ability, culture, ethnicity, religion, socio-economic status, gender, age, national origin, political persuasion, marital status, educational background or geographic location.
2.8
Code subjects shall endeavour to provide Content that, as far as possible, caters to the various tastes and expectations of Malaysian viewers and listeners recognising the varied tastes of the Malaysian public.
2.9
Code subjects will ensure, to the best of their ability, that their Content contains no abusive or discriminatory material or comment on matters of, but not limited to, race, religion, culture, ethnicity, national origin, gender, age, marital status, socio economic status, political persuasion, educational background, geographic location, sexual orientation or physical or mental ability, acknowledging that every person has a right to full and equal recognition and to enjoy certain fundamental rights and freedoms as contained in the Federal Constitution and other relevant statutes.

3.0 - Objectives of the Code
   
3.1
The overriding purpose of this Code is to recommend guidelines relating to the provision of Content through self-regulation by the industry in a practical and commercially feasible manner and at the same time foster, promote and encourage the growth and development of the industry.
3.2 
In doing so, it is noted and acknowledged that the following specific objectives shall guide the parties affected, governed by, administering and subject to the Code:
(a) Meeting and supporting the national policy objectives set out in the Act.
(b) Ensuring effective self-regulation of the development, production and dissemination of Content.
(c) Empowering users of Content to make an informed selection of the Content they consume.
(d) Recognise and keeping updated with international as well as national standards, trends and sensitivities in applying and eviewing this Code.
(e) Ensuring compliance through a regular process of monitoring.

4.0 - Scope and Coverage
 
4.1
This Code shall apply to all Content made available in the Content industry in the networked medium and as defined in this Code and under the Act.
4.2 This Code shall apply to all Content Application Service Providers and in particular but is not limited to:
(a) Each member of the forum;
(b) Each person who has submitted their agreement to the Forum that they will be bound by this Code; and
(c) Each person whom the Commission has directed in accordance with Section 99 of the Act.

5.0 - Definitions and Interpretation
   
5.1
For the purposes of this Content Code, the following words and phrases, unless otherwise specified hereunder, bear and have the same meaning as in the Communications and Multimedia Act 1998.

Act means the Communications and Multimedia Act 1998 (Act 588).

Applications Service Provider means a person who provides applications service; these are    persons who provide particular functions such as voice services, data services, content-based    services, electronic commerce and other transmission services. In particular, the Licensing    Regulations 2001 lists as Application Service Providers, persons who provide the functions or capabilities delivered to end users which include any or all of the following application services:

i)
Public Switched Telephone Network telephony for the delivery of voice and data communications;
ii)
Public Cellular telephony services;
iii)
Public Internet protocol telephony;
iv)
Public payphone service;
v)
Public switched data service for non-services that involve circuit switching of data emanating from one specific network facility to another;
vi)
Audiotext Hosting Service enables a caller to receive a pre-recorded message or interact with a programme to receive information;
vii)
Directory services;
viii)
Internet access services;
 ix)
Messaging services;
x)
Private payphones service;
xi)
Telegram services.
 
Code means this Content Code as may be revised from time to time.

Code Subjects means persons who are subject to the Code.

Commission means the Malaysian Communications and Multimedia Commission established under the Malaysian Communications and Multimedia Commission Act 1998 (A 588).

Complaints Bureau means the Bureau referred to in Part 8 of the Code. Content means any sound, text, still picture, moving picture or other audio-visual representation, tactile representation or any combination of the preceding which is capable of being created, manipulated, stored, retrieved or communicated electronically.

Content Application Service Provider means a person who provides a content applications service. Examples of content applications services include:

 
(i)
Direct To Home (DTH) subscription broadcasting, whether via satellite or cable;
(ii)
Terrestrial Free-to-Air TV and Radio; and
(iii)
Internet Web casting and Streaming Videos
 

Content Forum means the Communications and Multimedia Content Forum of Malaysia (Forum Kandungan Komunikasi dan Multimedia Malaysia) designated by the Commission under Section 212 of the Act.

Direct Sale means the sale of goods or services which a person conducts either by himself or through any person authorised by him by receiving an offer for a sale electronically.

Minor means a person who is under 18 years of age.

Network Facility means any element or combination of elements of physical infrastructure used principally for, or in connection with, the provision of network services, but does not include customer equipment.

Online means a networked environment, which is available through a connection to a network service where content is available to the public for access for a fee or otherwise.

Prohibited Content means such content as is expressed to be prohibited under this Code.


6.0 - Legal Status of the Code
   
6.1
In accordance with Section 95(2) of the Act, this Code shall only be effective upon registration by the Commission; (see appendix 1).
6.2
Compliance with this Code is voluntary, subject to Section 99 of the Act and the provision of this Code.
6.3
Compliance with this Code shall be a defence against any prosecution, action or proceeding of any nature, whether in court or otherwise as stated under Section 98 (2) of the Act.
6.4
Notwithstanding this Code and apart from the relevant legislation under the Communications and Multimedia Act 1998, 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.

7.0 - Interpretation
   
7.1
Where the intent or scope of this Code is in doubt, it must be interpreted in the light of the General Principles stated earlier and within the spirit of the Code as well as the strict letter of it.
7.2
No Code of this nature can be all-inclusive in view of changing circumstances. It should take into consideration the intention of the Act, which is for the industry to operate in an environment of self-regulation, liberalisation and transparency.

8.0 - Complaints
   
8.1
Any complaint received by a content provider or service provider should be resolved bearing in mind the spirit of this Code. However, if the complaint cannot be resolved it may be referred to the Complaints Bureau; (see Part 8 : Code Administration).