The Communications and Multimedia Content Forum of Malaysia (CMCF) is conducting a Public Consultation (PC) to revamp the Malaysian Communications and Multimedia Content Code. The public are invited to submit comments on the revised Content Code 2021 (CC 2021) during this 3 months period up to early November 2021.
The revamped CC 2021 was drafted by the CMCF after consultation with its members and key stakeholders. The aim of the revamp is to bring CC 2021 in line with societal and technological developments and to plug policy gaps. Since the Content Code was promulgated in 2004, it has only been reviewed once in 2020 with minor amendments.
Role of CMCF & the Content Code
CMCF is an industry forum under the Communications and Multimedia Act 1998 (CMA), to function as a platform for the industry and the public to promote the content and communications industry while protecting consumer interests.
The Content Code is intended to enable industry self-regulation, consistent with the self-governing principles of the CMA. The Code contains guidelines and procedures to set standards and best practices for content dissemination.
Towards these aims, the Content Code is registered as an industry code under the CMA. While compliance with the Content Code is not mandatory, the Code functions as a shield, as compliance with the Code can be raised as a defence against prosecution or legal proceedings for matters dealt with under the Content Code. The Content Code also acts as a benchmark for certain offences under the CMA (such as Section 211 – prohibition against offensive content and Section 233 – improper use of network facilities and services).
Aims of the Public Consultation and Content Code 2021
The PC seeks comments in three main areas - the revamped CC 2021, specific issues posed by CMCF and other issues to enable greater consumer protection in the communications and multimedia industry.
CC 2021 comprises a few main thrusts – (i) the introduction of new concepts, taking into account societal and technological changes; (ii) relatively minor changes to the existing General Guidelines on Content; (iii) changes to the advertising regulations to accommodate today’s very different advertising landscape; (iv) changes to the broadcasting guidelines to extend the scope to all forms of broadcasting to make it future-proof and technology neutral; (v) extension of the Code to online service providers, to encompass all content initiated, uploaded, disseminated or made available online in Malaysia; and (vi) minor changes to the existing complaints processes.
The specific issues posed by the PC include some of the key changes introduced by CC 2021. These include the definition of child as being under 13 years of age, a new category of 16 years and above for content targeted at older children and adolescents, greater restrictions on the use of children in advertisements and advertisements directed at children, greater transparency and disclosure of third-party advertisers and influencers and paid or promoted news segments, and accessibility of content to persons with disabilities.
CMCF will take into consideration the results of the PC and will publish a report at the conclusion of the exercise. More details of the PC are available at https://contentforum.my/publicconsultation/