THE MALAYSIAN COMMUNICATIONS AND

MULTIMEDIA CONTENT CODE

(SECOND EDITION)

THE COMMUNICATIONS AND MULTIMEDIA CONTENT

FORUM OF MALAYSIA

Registration Date: 14th February 2020

 THE COMMUNICATIONS AND MULTIMEDIA CONTENT FORUM OF
MALAYSIA CONTENT CODE (SECOND EDITION)

Contents Page
FOREWORD 4

PART 1: INTRODUCTION
1.0 Preamble 5
2.0 General Principles 6
3.0 Objectives of the Code 7
4.0 Scope and Coverage 8
5.0 Definitions and Interpretation 8
6.0 Legal Status of the Code 10
7.0 Interpretation 11
8.0 Complaints 11

PART 2: GUIDELINES ON CONTENT

1.0 General Requirements 12
2.0 Indecent Content 12
3.0 Obscene Content 13
4.0 Violence 13
5.0 Menacing Content 15
6.0 Bad Language 16
7.0 False Content 17
8.0 Children’s Content 17
9.0 Family Values 18
10.0 Persons with Special Needs 19
11.0 Privacy 19

PART 3: ADVERTISEMENT
1.0 Scope and Coverage 20
2.0 Objectives 21
3.0 Principles 21
4.0 Specific Guidelines 21
5.0 Indirect Advertising and Product Placements 27

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 6.0 Identifying Advertisers and Recognising Advertisements 27
7.0 The Use of People in Advertising 28
8.0 Other Specific Advertisements 29

PART 4: SPECIFIC BROADCASTING GUIDELINES

1.0 Scope and Coverage 33
2.0 Objectives 33
3.0 Specific Guidelines 33
4.0 Advertisements 39
5.0 Information, Advice and Warnings 39

PART 5: SPECIFIC ONLINE GUIDELINES

1.0 Scope and Coverage 40
2.0 Concept of Innocent Carrier 41
3.0 Objectives 41
4.0 Principles 42
5.0 Online Guidelines 43
6.0 Measures – General and Specific 43
7.0 Internet Access Service Provider (IASP) 44
8.0 Content Aggregator 45
9.0 Link Provider 46
10.0 Internet Content Hosting Provider (ICH) 47
11.0 Measures Not Required 49
12.0 Definitions 49

PART 6: SPECIFIC AUDIOTEXT HOSTING SERVICE GUIDELINES

1.0 Scope and Coverage 52
2.0 Specific Guidelines 53
3.0 Copyright 54

PART 7: SPECIFIC LIMITED CONTENT GUIDELINES

1.0 Scope and Coverage 55

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PART 8: CODE ADMINISTRATION
1.0 Introduction 56
2.0 Communications and Multimedia Content Forum of Malaysia 56
3.0 Complaints Bureau 57
4.0 Procedures for General Public Complaints 58
5.0 Procedure for Industry Complaints 59
6.0 Inquiry Proceedings 59
7.0 Decisions of the Bureau 60
8.0 Sanctions 60
9.0 Publication of Decision 60
10.0 Composition of the Complaints Bureau 61
11.0 Development, Amendment and Review of Content Code 62

PART 9: PUBLIC EDUCATION

1.0 Public Awareness 64
2.0 Industry Awareness 64

PART 10: CONSUMER PROTECTION

1.0 Introduction 65
2.0 Principles 65
3.0 General Guidelines 66

Appendix 1: Extracts from the Communications and Multimedia Act 1998

(Act 588) 68 -70

Appendix 2: Relevant Legislation 71

Index 72-80

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 FOREWORD

a) The Communications and Multimedia Act 1998 provides for the Content Forum
to prepare and draw up a Content Code after appropriate consultations and to enforce
the Code containing governing standards and practices in the communications and
multimedia industry.

b) The Content Code which the Communications and Multimedia Content Forum of
Malaysia has adopted for the purpose of the statutory duty sets out the guidelines and
procedures for good practice and standards of content disseminated to audiences by
service providers in the communications and multimedia industry in Malaysia.

c) The Content Code demonstrates a commitment toward self-regulation by the

industry in compliance with the Communications and Multimedia Act 1998 (Act 588). It
seeks to identify what is regarded as offensive and objectionable while spelling out the
obligations of content providers within the context of social values in this country.

d) What in essence the Content Code recommends, is guidelines for a responsible

approach toward the provision of content and outlines procedures on self-regulation
that will provide the platform for creativity, innovation and healthy growth of a fast
changing industry.

e) Aimed at facilitating industry self-regulation, the Act empowers the Malaysian

Communications and Multimedia Commission to designate an industry body to be the
Content Forum responsible for the preparation of a Content Code, or codes as the need
may arise.

f) Such a Forum and its processes are not novel to Malaysia. Previous
arrangements relied heavily on industry-based advisory committees and the
consultative processes. The Act formalises these processes to put more emphasis on
greater industry self-regulation and self- discipline.

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 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.

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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.

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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 reviewing this Code.
(e) Ensuring compliance through a regular process of monitoring.

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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;

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iv) Public payphone service;and dissemination of Content.
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 589).

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.

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 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.

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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).

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 PART 2 GUIDELINES ON CONTENT

1.0 General Requirements

1.1 Section 211 of the Communications and Multimedia Act prohibits Content that is
indecent, obscene, false, menacing or offensive in character with intent to annoy,
abuse, threaten or harass any person.

1.2 This requires Code Subjects to ensure that material disseminated does not
include anything which offends good taste or decency; is offensive to public feeling, is
likely to encourage crime or lead to disorder, or is abusive or threatening in nature.

1.3 The standards by which content is measured, given the requirements, will be
viewed in the context of the country’s social, religious, political and educational
attitudes and observances, as well as the need to accommodate global diversity in a
borderless world.

1.4 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.

2.0 Indecent Content

2.1 Indecent Content is material which is offensive, morally improper and against
current standards of accepted behaviour. This includes nudity and sex.

(i) Nudity
Nudity cannot be shown under any circumstances, unless approved by the Film
Censorship Board.

(ii) Sex & Nudity

Sex scenes and nudity cannot be shown under any circumstances, unless
approved by the Film Censorship Board.

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3.0 Obscene Content
3.1 Obscene Content gives rise to a feeling of disgust by reason of its lewd
portrayal and is essentially offensive to one’s prevailing notion of decency and modesty.
There is every possibility of such Content having a negative influence and corrupting the
mind of those easily influenced. The test of obscenity is whether the Content has the
tendency to deprave and corrupt those whose minds are open to such communication.
Specific regards to be had to :

(i) Explicit Sex Acts/Pornography

Any portrayal of sexual activity that a reasonable adult considers explicit, and
pornographic is prohibited. The portrayal of sex crimes, including rape or attempted
rape and statutory rape, as well as bestiality is not permitted including the portrayal of
such sexual acts, through animation and whether consensual or otherwise.

(ii) Child Pornography

Child pornography, including the depiction of any part of the body of a minor in what
might be reasonably considered a sexual context, and any written material or visual
and/or audio representation that reflects sexual activity, whether explicit or not, with a
minor is strictly prohibited.

(iii) Sexual Degradation

The portrayal of women, men or children as mere sexual objects or to demean them in
such manner is prohibited.

4.0 Violence
4.1 Violence occurs through the ravages of natural disaster, outrageous acts of
terrorism, war, human conflict both in fact and through popular fiction, the antics of
cartoon characters, (body) contact sports and more. Violence is a reality and Code
Subjects need to be able to reflect, portray and report on it.

4.2 To deny narration or depiction of hard truths about the world would tantamount
to a substantial disservice to understanding of the human condition. The portrayal of
violence, with careful editorial justification, has played a major part in popular
storytelling throughout human history, and must continue to have a place in the
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civilizing process.

4.3 Violence, psychological but especially physical or incitement to violence should

be portrayed responsibly, and not exploitatively. Presentation of violence must avoid
the excessive, the gratuitous, the humiliating, and the instructional. The use of violence
for its own sake and the detailed dwelling upon brutality or physical agony, by sight or
sound is to be avoided. Programs involving violence should venture to present the
consequences to its victims and perpetrators. Particular care should be exercised where
children may see, or be involved in, the depiction of violent behaviour. Specific
considerations are as follows:

(i) Offensive violence

a) The portrayal of violence, whether physical, verbal or psychological, can
upset, alarm and offend viewers. It can cause undue fear among the
audience and encourage imitation.

b) Such public concerns require due consideration whenever violence, real

or simulated, is portrayed. The treatment of violence must be
appropriate to the context and audience expectations.

c) Gratuitous and wanton presentation of sadistic practices and torture,

explicit and excessive imageries of injury and aggression, and of blood,
are to be avoided.

d) The portrayal of violence is permitted to the extent of news reporting,

discussion or analysis and in the context of recognised sports events in
the following instances :

i. Use of appropriate editorial judgment in the reporting of audio

and visual representation of violence, aggression or destruction
within their content.

ii. Exercise of caution and discretion in the selection of, and

repetition of Content, which depicts violence.

iii. Viewers to be cautioned in advance of showing scenes of

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 extraordinary violence, or graphic reporting on delicate subject
matter with appropriate warnings to audiences in the case of
gore or actual scenes of executions or of people clearly being
killed.

(ii) Imitable violence

Due consideration must be given to the fact that violence portrayed visually may
be imitated in real life. The presentation of dangerous behaviour, which is easily
imitated, must be justified, and ideally excluded.

(iii) Sexual violence

Graphic representations of sexual violence, such as rape or attempted rape or
other non-consensual sex, or violent sexual behaviour are not allowed.

(iv) Violence and young, vulnerable audiences

The susceptibility of younger audiences, particularly those impressionable minds
must be considered.

5.0 Menacing Content

5.1 Content that causes annoyance, threatens harm or evil, encourages or incites
crime, or leads to public disorder is considered menacing and is prohibited.

5.2 Hate propaganda, which advocates or promotes genocide or hatred against an

identifiable group, must not be portrayed. Such material is considered menacing in
nature and is not permitted.

5.3 Information which may be a threat to national security or public health and
safety, is also not to be presented.

Illustrations
i) Making available instructions and guidance on bomb-making, illegal drug
production or counterfeit products;
ii) Disseminating false information with regards to outbreak of racial
disturbances in a specific part of the country;

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 iii) Circulating information and statements with regards to possible terrorist
attacks;
iv) Circulating or making available information with regards to the outbreak
of a deadly or contagious diseases.

6.0 Bad Language

6.1 Bad language, including expletives and profanity is offensive to many people.
The use of crude words and derogatory terms is most likely to cause offence and
especially if the language is contrary to audience expectation. Bad language includes
the following:

(i) Offensive Language

The use of disparaging or abusive words which is calculated to offend an
individual or a group of persons is not permitted.

(ii) Crude References

Words, in any language commonly used in Malaysia, which are considered
obscene or profane are prohibited including crude references to sexual
intercourse and sexual organs. It is, however, permissible to use such words in
the context of their ordinary meaning and not when intended as crude
language.

(iii) Hate Speech

Hate speech refers to any portrayal (words, speech or pictures, etc.), which
denigrates, defames, or otherwise devalues a person or group on the basis of
race, ethnicity, religion, nationality, gender, sexual orientation, or disability and
is prohibited. In particular: descriptions of any of these groups or their
members involving the use of strong language, crude language, explicit sexual
references or obscene gestures, are considered hate speech.

(iv) Violence
Where the portrayal of violence is permitted with appropriate editorial discretion
as in news reporting, discussion or analysis and in the context of recognised
sports events, care must be taken to consider the use of explicit or

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 graphic language related to stories of destruction, accidents or sexual violenc e,
which could be disturbing for general viewing.

7.0 False Content

7.1 Content, which contains false material and is likely to mislead, due amongst
others to incomplete information is to be avoided. Content providers must observe
measures outlined in specific parts of this Code to limit the likelihood of perpetuating
untruths via the communication of false content.

7.2 Content is false where prior to communications reasonable measures to verify

its truth have not been adopted or taken.

7.3 Content which is false, is expressly prohibited except in any of the following
circumstances:
(a) Satire and parody;
(b) Where it is clear to an ordinary user that the content is fiction.

7.4 Code Subjects must take all necessary steps outlined in the specific parts of this
Code to limit the likelihood of provision of false Content.

8.0 Children’s Content

8.1 Content designed specifically for children of and below 14 years reaches
impressionable minds and influences social attitudes and aptitudes. Code Subjects must
closely supervise and monitor the selection, control of material, characterisations and
plot. Nothing in the foregoing shall mean that the vigour and vitality common to
children’s imaginations and love of adventure need be removed. Specific attention must
be paid to the aspects stated below.

(i) Violence
a) In children’s content portrayed by real-life characters, violence should
only be portrayed when it is essential to the development of character
and plot.

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 b) Animated Content for children, while accepted as a stylised form of
storytelling, which can contain non-realistic violence, shall not depict
violence as its central theme, and shall not invite dangerous imitation.
c) Content for children must not contain scenes of violence, which
minimise or gloss over the effects of violent acts. Any depiction of such
violence must portray in human terms, the consequences of such
violence to its victims and its perpetrators.

(ii) Safety, Security and Imitable Acts

a) Content for children must deal carefully with themes which can threaten
their sense of security, when portraying, for example; domestic conflict,
the death of parents or close relatives, or the death or injury of their
pets, street crime or the use of drugs.

b) Content for children must deal carefully with themes which could invite
children to imitate acts which they see on screen, such as the use of
plastic bags as toys, use of matches, the use of dangerous household
products as playthings, or dangerous physical acts such as climbing
apartment balconies or rooftops.

9.0 Family Values

9.1 The principles of intellectual and emotional equality of both sexes and the
dignity of all individuals are to be respected. Despite societal discrimination, content
should reflect an awareness of the need to avoid and overcome biased portrayals on the
basis of gender. Women and men should be portrayed as equals both economically and
emotionally, and in both public and private spheres.

9.2 Content should portray all persons as supporting participants in the family unit,
home management and household tasks. They should be portrayed as equal
beneficiaries of family or single-person life, in both work and leisure activities and, as
far as possible, under all types of thematic circumstances.

9.3 In the acquisition of or involvement in non-Malaysian Content, Code Subjects

should make every effort to evaluate Content having with regard to family values in
relation to this Code.
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10.0 Persons with Special Needs
10.1 There is a risk of offence in the use of humour based on physical, mental or
sensory disability, even where no malice is present. Reference to disability should be
included only where relevant to the context and patronising expressions replaced by
neutral terms. It should be possible for persons with special needs to be included in
programmes of all kinds.

11.0 Privacy
11.1 Code Subjects must respect the privacy of individuals with due regard to the
requirements under the Personal Data Protection Act 2010 (Act 709). There shall be no
intrusion into an individual’s privacy except where required by law and/or necessary in
the interest of public, including but not limited Section 15 of the Child Act 2001 in
regards to a child’s privacy.

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 PART 3 ADVERTISEMENT

1.0 Scope and Coverage

1.1 This part serves as a guideline that applies to advertisements communicated
electronically and includes television, radio, online services and audiotext hosting
services otherwise referred to as premium rate services. In this part :

“Advertisement” means an announcement of a public nature whether for the

sale or purchase or provision of goods or services or constituting of an invitation
to participate in an activity and conveyed by or through any signage, image or
sound disseminated through electronic medium for advertising purposes.

“Advertiser” means any person who utilises the electronic medium to advertise
their products or services.

“Providers of advertisement Content” for this Part includes : (a)

Advertisers; (b) Advertising agencies; and (c) Persons who control the
dissemination effort.

“Consumer" is defined as any person who might be exposed to an

advertisement whether as an end user of the product advertised or as a user
who is doing business or as a purchaser of the product advertised.

1.2 Responsibility for observing this part primarily falls on advertisers. Others
involved in producing and transmitting advertisements such as agencies, online
publishers, broadcasters and other advertising service suppliers such as production
houses, music composers and designers shall also accept an obligation to abide by this
part and the specific guidelines that apply to them.

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2.0 Objectives
2.1 The main objective of this part is to ensure continued reliable standards of
advertisements through self-regulation in accordance with expectations of consumers
and internationally recognised good practice governing advertisement Content
disseminated by the electronic media.

2.2 The Malaysian advertising fraternity recognises that creative freedom carries
with it the responsibility of ensuring that the rights of its audiences are protected.

2.3 This Part, in addition to the recommended guidelines in this Content Code,
serves as a guide towards upholding the high standards expected of the advertising
service industry in a practical and commercially feasible manner and at the same time
foster, promote and encourage its development.

3.0 Principles
3.1 The following principles shall guide Advertisement Content providers who are
affected by and/or are subject to this Part of the Code :

(a) All advertisements must conform with this part and to the general
guidelines on Content.
(b) All advertisements should be legal, decent, honest and truthful.
(c) All advertisements should be prepared with a sense of responsibility to
consumers and to society.
(d) All advertisements should respect the principles of fair competition
generally accepted in business.

4.0 Specific Guidelines

4.1 By way of amplification of the scope, objectives and principles the following
specific guidelines shall apply to advertisements.

(i) Legality
Advertisers have primary responsibility for ensuring that their advertisements
comply with the law and should not incite anyone to break it.

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(ii) Decency
a) Advertisements should contain nothing that is likely to cause serious or
widespread offence. Particular care should be taken to avoid causing
offence on the grounds of, but not limited to, race, religion, sex, sexual
orientation and physical or mental disability.

b) Advertisements must not contain statements, audio or visual

presentations that are offensive to the standards of decency prevailing
among those who are likely to be exposed to them. The fact that a
particular product is offensive to some people is not sufficient grounds
for objecting to an advertisement for it.

(iii) Honesty and Truthfulness

a) Advertisements must not be so framed as to abuse the trust of the
consumer or exploit his lack of experience or knowledge.

b) No advertisement should mislead by inaccuracy, ambiguity,

exaggeration, omission or otherwise.

(iv) Fear and Distress

Advertisements must not without justifiable reason play on fear. They may,
however, issue an appeal “to be fearful” to encourage prudent behaviour or to
discourage dangerous or ill-advised actions, taking into consideration that the
fear likely to be aroused should not be disproportionate to the risk.

(v) Safety
Advertisements should not show or encourage unsafe practices except in the
context of promoting safety. Particular care should be taken with
advertisements addressed to or depicting children and young people.

(vi) Violence/Anti-social behaviour

Advertisements should contain nothing that condones or is likely to provoke
violence or anti-social behaviour.

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(vii) Protection of privacy
a) Advertisements shall not portray or refer to, by whatever means, any
living person, unless their express prior permission has been obtained.

b) This requirement applies to all persons, including public figures and

foreign nationals. Advertisers shall also take note not to offend the
religious or other susceptibilities of those connected in any way with
deceased persons depicted or referred to in any advertisement.

(viii) Claims
a) Advertisers must hold documentary evidence to prove all claims made
in an advertisement whether direct or implied that are capable of
objective substantiation. If there is a significant division of informed
opinion about any claims, they should not be portrayed as generally
agreed.

b) Claims that have not been independently substantiated should not

exaggerate the value, accuracy, scientific validity or practical usefulness
of the product advertised. Obvious untruths or exaggerations that are
unlikely to mislead and incidental minor errors and unorthodox words
are all allowed provided they do not affect the accuracy or perception of
the advertisement in any material way.

(ix) Testimonials and Endorsements

Advertisements shall not contain or refer to any testimonial or endorsement
unless it is genuine and related to the personal experience over a reasonable
period of time of the person giving it.

(x) Prices
a) Any stated price should be clear and should relate to the product
advertised. Advertisers should ensure that prices match the products
illustrated.

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 b) If the price of one product is dependent on the purchase of another, the
extent of any commitment by consumers should be made clear.

c) Price claims such as ‘up to’ and ‘from’ should not exaggerate the
availability of benefits likely to be obtained by consumers.

(xi) Free Offers

a) In making a free offer conditional on the purchase of other items,
consumers’ liability for any costs should be made clear in all material
featuring the offer.

b) An offer should be described as free only if consumers pay no more

than the :

i. Current public rates of postage.

ii. Actual cost of freight or delivery.
iii. Costs, including incidental expenses, of any travel involved if
consumers collect the offer.

c) Advertisers should make no additional charges to consumers for packing

and handling.

(xii) Availability of Products

a) Advertisements shall not be electronically disseminated unless the
advertiser has reasonable grounds for believing that he can supply any
demand likely to be created by his advertising.

b) In particular, no attempt shall be made to use the advertising of

unavailable or unregistered products (when registration is compulsory)
or non-existent products as a means of assessing likely public demand,
should such a product be offered in the future.

c) Where it becomes clear that an advertised product is not available, (in

circumstances where the public are not likely to assume from

24
 advertising its ready availability) immediate action must be taken to
ensure that further advertisements for the products are promptly
amended or withdrawn.

(xiii) Guarantees
a) The word ‘guarantee’ should not be used in any way that could diminish
consumers’ legal rights. Substantial limitations should be spelt out in
the advertisement. Before commitment, consumers should be able to
obtain the full terms of the guarantee from advertisers.

b) Advertisers should inform consumers about the nature and extent of

any additional rights provided by the guarantee, over and above those
stipulated by law, and should make clear how to obtain redress.

(xiv) Comparisons
a) Advertisements containing comparisons with other advertisers, or other
products are permissible in the interest of vigorous competition and
public information, provided they comply with the terms of this section.

b) All comparative advertisements shall respect the principles of fair

competition and shall be so designed that there is no likelihood of the
consumer being misled as a result of the comparison, either about the
product advertised or that with which it is compared.

c) The subject matter of a comparison shall not be chosen in such a way

as to confer an artificial advantage upon the advertiser or so as to
suggest that a better bargain is offered than is truly the case.

d) Points of comparison shall be based on facts that can be substantiated

and should not be unfairly selected. In particular:

i. The basis of comparison shall be the same for all the products
being compared and shall be clearly stated in the
advertisements so that it can be seen that like is being
compared with like.
25
 ii. Where items are listed and compared with those competitors’
products, the list shall be complete or else the advertisement
shall make clear that the items are only a selection.

(xv) Denigration
Advertisers should not attack or discredit other businesses or their products.

(xvi) Exploitation of goodwill

Advertisers should not make unfair use of the goodwill attached to the
trademark, name, brand, logo, slogan or the advertising campaign of any other
organisation.

(xvii) Imitation
No advertisement should so closely resemble any other that it misleads or
causes confusion.

(xviii) Unacceptable Products and Services

Advertisements for products or services coming within the recognised character
of, or specifically concerned with the following are not acceptable :
(a) Cigarette, tobacco and its accessories;
(b) Any item banned in the Postal Services Act 1991 (Act 465) for the
purpose of cheating or misleading;
(c) The occult and fortune tellers;
(d) Marriage agencies and friendship clubs;
(e) Unlicensed employment agencies;
(f) Any form of gambling including betting and gambling tips;
(g) Clothing which is printed with word(s) or symbol(s) that has an
inappropriate message;
(h) Scenes which are sexual in nature or are indecent including kissing
scenes between adults;
(i) Scenes which are sexually explicit or impolite;
(j) Pornography;
(k) Pig, pork products and its derivatives;
(l) Betting and gambling;
26
 (m) Fire crackers;
Note: whilst the actual advertising of the product is banned, there is no
issue with DEPICTING fireworks in commercials related to other
products/services.
(n) Any form of financial speculation intended to promote or attract interest
in any stocks and shares;
Note: only advertisements related to newly approved Initial Public
Offering (IPO) is allowed - subject to the relevant applicable
Acts.
(o) Death notices, funeral and burial service notices and burial monuments;
(p) Disco scenes;
(q) Slimming products whether used orally or by physical application unless
approved by the Medicine Advertisements Board, Ministry of Health
Malaysia (K.K.L.I.U).

5.0 Indirect Advertising and Product Placements

5.1 An advertisement for an acceptable product or service shall be unacceptable in
the event a significant effect would be to publicise indirectly an unacceptable product or
service.

5.2 “Product Placements” relevant to the context of the situation are allowed but
services and goods that are specifically banned are not allowed.

5.3 “Joint promotions” of products of different brands and products, if exercised for
a certain period of time is permissible.

6.0 Identifying Advertisers and Recognising Advertisements

6.1 Advertisers, online publishers, broadcasters and owners of other electronic
media should ensure that advertisements are designed and presented in such a way
that it is clear that they are advertisements.

27
6.2 Features, announcements or promotions that are disseminated in exchange for
a payment or other reciprocal arrangement should comply with this Code if their
content is controlled by the advertisers and should also be clearly identified as such.

6.3 Distance selling advertisements with written response mechanisms (e.g. postal,
fax or e-mail) and advertisements for one-day sales, homework schemes and the like
should contain the name and address of the advertisers. Distance selling
advertisements for business opportunities should contain the name and contact details
of the advertisers. Unless required by law, other advertisers are not normally obliged to
identify themselves.

7.0 The Use of People in Advertising

7.1 Women in Advertising
a) Advertisements must not project women as an object for sex or be
shown to merely satisfy men’s desire and satisfaction.
b) Advertisements must portray positive images of women.

7.2 Children and Advertising

Special care and attention is to be paid to children in advertisements. This
requires a need to comply with requirements set out below :

a) The use of children is not encouraged unless the products advertised

are relevant to them and or except in the context of promoting safety
for the children as depicted within paragraph (d).
b) Advertisements addressed to children or young people or likely to be
seen by them, shall not contain anything whether an illustration or
otherwise, which result in harming them physically, mentally or morally
or which exploits their credulity, their lack of experience or natural
sense of loyalty.
c) Advertisements pertaining to activities of a society or club for children
must be that of a club or society that is properly supervised.
d) In any situation where children are projected, careful consideration
must be given for their safety.

28
 Illustrations
i. Children must not be seen leaning on a window or a bridge
railing or climbing a steep cliff in a dangerous manner.
ii. Small children must not be shown climbing a high rack or to
reach for something on a table higher than their head level.
iii. Medicines, disinfectants, antiseptics, caustic substances,
pesticides and all aerosol preparations must not be shown
within reach of children without close parental supervision or
neither can they be shown using them.
iv. Children must not be shown using matches or any gas, petrol,
paraffin, electrical or mechanical appliances which could cause
them suffering burns, electric shocks or other injuries.
v. Children must not be shown driving or riding agricultural
machines (including tractor-drawn carts) or any other heavy
machines.
vi. Children are not allowed to be exposed to any form of fire
without being observed by adults.
vii. Children must not be shown playing with firecrackers or
fireworks which are banned in Malaysia.

7.3 Professionals in Advertising

Care shall be taken, where a testimonial is given by a person with professional
qualifications, that in indicating those qualifications the advertisers do not cause the
person giving the testimonial to transgress any regulations of the professional
institution(s) to which he belongs.

8.0 Other Specific Advertisements

8.1 Commercials on Medical Products, Treatments and Facilities
Advertisements on medicines, remedies, appliances, skill and services relating
to diagnosis, prevention and treatment of diseases or conditions affecting the human
body are under the authority of the Medicine Advertisements Board, Ministry of Health
Malaysia (K.K.L.I.U).

29
8.2 Pesticide Advertisements
Advertisements on pesticides are under the authority of Pesticide Advertising
Board and Ministry of Agriculture.

8.3 Food and Drinks

Advertisements of food and drink products that claim therapeutic or
prophylactic qualities will be subject to prior screening; however, food and drink
products that help improve, restore or maintain the consumers’ general health, physical
or mental condition will not be subject to prior screening. All advertisements must
comply with the requirement in the Food Act 1983 and Food Regulations 1985.

8.4 Direct Sales Advertising

a) Infomercials and Direct Sales Advertising must also abide by this Code.

b) Unless otherwise provided by this Code, all advertisers must get

relevant approval from the Ministries concerned and abide by the laws
set by the Government from time to time unless stated otherwise.

8.5 Alcoholic Drinks And Liquor

Advertisements on alcoholic drinks and liquor are not allowed. If an alcohol
company is the title sponsor of an international sporting event held in Malaysia, it is
only allowed to pro- mote the event and not directly advertise its products. In addition
to this, alcohol companies should only use the events’ logo in the promotional on-air
material.

8.6 Sanitary Protection Products and Incontinent Pads For Adults

Advertisements in this product category is unusually sensitive and commercials
for it can easily cause offence or embarrassment, even among people who have no
objection in principle to its being advertised on television. Because it is often viewed in
a family setting, television advertising needs to be treated with restraint and discretion.
Anyone intending to produce a commercial for a sanitary protection product and
incontinent pads for adults MUST abide by the following :-

30
(a) Restriction on Times of Transmission
Commercials portraying a sanitary protection product and incontinent pads for
adults are permissible.

(b) Visual Treatments and Product Descriptions

Sanitary protection products and incontinent pads for adults - visual treatments
must be done with taste and restraint, particular care is needed with shots of
unwrapped towels, pads or tampons, whether actual or diagrammatic. Detailed
references, whether in sound or vision, should avoid graphic descriptions which
might offend or embarrass viewers.

(c) Appeals To Insecurity

Sanitary protection products and incontinent pads for adults - no commercial
may contain anything which, either directly or by its implication, is likely to
undermine an individual’s confidence in her own standards of personal hygiene.
No implication of, or appeal to, sexual or social insecurity is acceptable.
Commercials may not suggest, by whatever means, that menstruation is in any
way unclean or shameful and variations of the word “clean” are unacceptable in
advertising for this product category, as are other potentially offensive words
such as “odour”. The same applies to the advertising of incontinence.

(d) Taste and Offence

All advertisements for the category of sanitary napkins and incontinent pads for
adults must not offend against good taste or decency or be offensive to public
feeling and should not prejudice respect for human dignity.

8.7 Messages and Notices

Messages broadcasted on television based on the following :
i. Private messages (e.g. birthday greetings, well wishes, etc);
ii. Congratulatory messages; and
iii. Bereavement notices

31
are only acceptable at the broadcasters discretion and are to be aired after 10.00 p.m.
Broad- casters are encouraged to exercise strict discretion so as to reflect the true
intention and spirit of the message.

Messages that are indecent, obscene, false, menacing, or offensive in character with
intent to annoy, abuse, threaten or harass any person is not permissible.

32
 PART 4 SPECIFIC BROADCASTING

1.0 Scope and Coverage

1.1 This part serves as a guideline for content that is broadcast through the
following media:
(i) Direct to Home (DTH) subscription broadcasting and/or video on
demand services, whether via satellite or cable; and
(ii) Terrestrial Free-to-Air TV and Radio.

Otherwise collectively known as “Broadcasters”.

1.2 This part excludes Content available Online [which is dealt with in Part 5].

2.0 Objectives
2.1 The objective of these specific broadcast guidelines is to ensure continued
reliable standards of Content disseminated by broadcasters in accordance with
expectations of audiences and internationally recognised good practice of electronic
media and journalism.

2.2 This Code is a manifestation of a paradigm change brought about by

technological advancements in the broadcasting industry. It is acknowledged that
compliance with the Content Code is what sets the standards for Content and not the
other way around whereby content takes precedence over standards.

2.3 Malaysian Broadcasters recognise that creative freedom carries with it the
responsibility of ensuring that not only are the rights of children protected, but also
that of viewers and listeners in general. This necessitates the upholding of ethical and
professional practices in the conduct of their business operations toward fulfilling social
responsibility.

33
3.0 Specific Guidelines
3.1 In amplification to the general principles and the general guidelines laid out in
Part 1 and Part 2 of this Code respectively, the following specific guidelines on
broadcast take into consideration Content disseminated according to the nature of the
broadcasting channel, the likely audience and in certain instances (as in free-to-air
television and radio), the time of day.

Classification
3.2 Viewers need adequate information about content to make informed viewing
choices based on their personal tastes and standards. As such, Broadcasters
(excluding radio operators) will provide an indication as to the type of Content
shown by adopting the following classifications as issued by the Film Censorship
Board (LPF) and any amendments thereof from time to time. The Broadcasters
shall display the relevant classifications at regular intervals of the programme. :

U
This category is suitable for viewing by all level of society without any age
restrictions. The film displays noble values, is decent, impart positive messages
and is entertaining.

P13
This category is suitable for viewing by those aged 13 years and above. Viewer
aged below 13 years require the guidance of their parents or guardian. The film
has some scenes of violence or horror.

18
This category is suitable for viewing by those aged 18 years and above. The film
contain elements of violence, horror and sex that are not excessive or may
touch on aspects of religion, socio-culture and politics.

34
Scheduling
3.3 The scheduling of programmes that have been classified is applicable to free-to-
air broadcasters (excluding radio operators) as follows :

U and P13 – Can be shown any time of day

18 – Can only be shown after 10.00 p.m

3.4 Promotion Content which contains scenes of excessive violence, or adult

material intended for adult audiences must not be transmitted before 10.00 p.m.
Broadcasters are required to endeavour to have their own Content Control Unit tasked
with the responsibility of the classifications and scheduling.

3.5 Exception to this scheduling principle is applied to subscription-based

broadcasters that provide information on classifications prior to the broadcast of a
particular programme, in electronic programme guides or/ and employs technological
safeguards including but not limited to parental locks.

General Content
3.6 Broadcasters must endeavour to provide Content that, as far as possible, caters
to the various tastes and expectations of Malaysian viewers and listeners. This is in view
of the varied tastes of the Malaysian public.

Non-Discrimination
3.7 Broadcasters must 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.

35
News and Current Affairs
3.8 Broadcasters recognise that the fundamental purpose of news dissemination
and current affairs Content in a democracy is to enable people to know what is
happening, and to understand affairs that may affect them as members of the
community so that they may form their own conclusions.

3.9 “Current affairs Content” means Content focusing on social, economic or

political issues of current relevance to the Malaysian community.

3.10 Broadcasters will ensure that Content of news and current affairs programmes
are presented :
(a) Accurately, fairly and objectively at all times and not manipulated
resulting in a distortion of its original context with due regard being
given to the circumstances at the time of preparing and the broadcast
of the content (e.g. live coverage).

(b) With due care, taking into consideration the likely composition of the
viewing audience at the time of broadcast.

(c) With sensitivity in the case of material likely to cause some distress to a
substantial number of viewers such as images or interviews with victims
of traumatic incidents. Such material should only be used when deemed
editorially essential, and if so, sparingly.

(d) With due respect to the cultural differences in Malaysian community.

(e) With due respect to the rights of any individual group of persons who
should not be portrayed in a negative light by placing gratuitous
emphasis on matters pertaining, 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 disability.

36
 Where in the opinion of a broadcaster it is in the public interest, it may
report events and broadcast comments in which such matters are
raised.

(f) With due respect to privacy of an individual. However, in the public

interest, an intrusion into an individual’s privacy may be justified such
as in detecting or exposing crime or a serious misdemeanour, protecting
public health or safety and preventing the public from being misled by
some statement or action of an individual or organisation.

(g) Presented by taking into account that news materials and current affairs
always in line with government’s principles. This is to avoid confusion
and misunderstanding among the people and also other countries.
Materials received from foreign countries must also be ensured that
they don’t contradict with national foreign policies.

3.11 Reasonable efforts must be made to correct significant errors of fact at the
earliest opportunity.

Violence and Bad Language

3.12 In strictly adhering to the general guidelines on violence and bad language set
out in Part 2 of this Code, all broadcasters will:

(a) Exercise appropriate editorial judgment in the reporting of audio and

visual representation of violence, aggression or destruction within their
Content.

(b) Exercise caution and appropriate discretion in the selection of, and
repetition of, Content, which depicts violence.

(c) Exercise appropriate discretion in the use of explicit or graphic language

related to stories of destruction, accidents or sexual violence, which
could be disturbing for family viewing.

37
 (d) Caution viewers in advance of scenes of extraordinary violence, or
graphic reporting on delicate subject matters.

Religious Content
3.13 In dealing with Religious Content, broadcasters shall have regards to Islam as
the official religion of the country and the constitutional rights to freedom of religion of
all other communities.

3.14 Religious broadcasts are aimed at respecting and promoting spiritual harmony
and to cater to the varied religious needs of the community. Broadcasters must ensure
that its religious content is not used to convey attacks upon any race or religion or is
likely to create any disharmony.

3.15 All religious programming on Islam must be approved by the relevant religious
authorities prior to transmission. Advise from the appropriate religious authorities
should be obtained in relation to Content relating to other religion.

3.16 However, the propagation of any religion other than Islam whether directly or
indirectly is not permitted.

3.17 Content that is wrongful, fanatical, critical and insulting against any religion
shall not be permitted.

Exploitation
3.18 No audio and visual Content should condone the exploitation of women, men
and children. Negative or degrading Content on the role and nature of women, men or
children in society must be avoided.

3.19 Television Content that degrades either sex by negative portrayal such as
implied lewd conduct through modes of dress or camera focus on areas of the body is
not allowed. Similarly, the degradation of children through improper portrayal or
behaviour is not acceptable.

38
4.0 Advertisements
4.1 Broadcasters are responsible for the acceptability of advertising material
transmitted and must ensure that:

(a) All advertisements are in good taste and conform to applicable laws and
regulations.

(b) There is no influence by advertisers, or the perception of such influence,

on the reporting of news or public affairs, which must be accurate,
balanced and objective, with fairness and integrity being the paramount
considerations governing such Content.

5.0 Information, Advice and Warnings

5.1 Broadcasters must ensure that classification details and other information
announcements have a helpful role in enabling viewers to make appropriate choices at
all times.

5.2 Broadcasters should consider whether any elements or programming might

disturb viewers, in particular, younger children. Appropriate information, advise and or
warnings should be provided at the start of any programme, or news report, which
might disturb younger children.

5.3 Broadcasters are to ensure that clear and specific warnings should be employed
especially after 10.00 p.m where there is the likelihood that some viewers may find the
programme disturbing or offensive. This does not diminish the broadcasters’
responsibility for sensitive scheduling of programmes to reduce the risk of offence to
the minimum.

39
 PART 5 SPECIFIC ONLINE GUIDELINES

1.0 Scope and Coverage

1.1 In adhering to this and the relevant parts of this Code, no action by Code
subjects should, in any way, contravene Section 3(3) of the Act, which states that
“Nothing in this Act shall be construed as permitting the censorship of the Internet”.

1.2 Code subjects in this Part are providers of Online Content or those who provide
access to online content through present and future technology. These include, but are
not limited to:

(a) Internet Access Service Providers;

(b) Internet Content Hosts;
(c) Online Content Developers;
(d) Online Content Aggregators; and
(e) Link Providers.

1.3 “Online” is defined as a networked environment available via a connection to a

network service whereby Content is accessible to or by the public whether for a fee or
otherwise and which originated from Malaysia. Content, for the purposes of this Part,
means Content as defined in the Act but does not include:

(a) Ordinary private and/or personal electronic mail other than bulk or
spammed electronic mail;
(b) Content transmitted solely by facsimile, voice telephony, VOIP and
which is intended for private consumption; or
(c) Content that is not accessible to the public whether freely, by payment
of a fee or by registration, including (but not limited to) Content made
available by way of a closed Content application service or a limited
content applications service as defined under Sections 207 and 209 of
the Act respectively.

40
2.0 Concept of Innocent Carrier
2.1 Code Subjects providing access to any Content but have neither control over
the composition of such Content nor any knowledge of such Content is deemed an
innocent carrier for the purposes of this Code. An innocent carrier is not responsible for
the Content provided. Nonetheless, this does not exempt such access providers from
adhering to the General measures as outlined in Part 6.0 of this Part where it expressly
applies to them.

3.0 Objectives
3.1 The Online environment vastly differs from other existing traditional mediums
directed to the general public at large where the use and dissemination of Content are
concerned.

3.2 Not only are Online users able to exercise their choice on whether to access,
read or digest various Online material at any time, they are also, by certain
applications, able to contribute to Online Content in their own personal capacity.

3.3 Overwhelming benefits have been brought about by such a medium but where
there is use, there is also the potential for abuse.

3.4 Online Content providers are committed toward taking a responsible approach
to the provision of Content by implementing reasonable, practicable and proportionate
measures and to provide a response mechanism in cases where prohibited material or
activity is identified. End users should retain responsibility for the Content they place
online, whether legal, or illegal.

3.5 The Online environment is not a legal vacuum. In general, if something is illegal
“off- line”, it will also be illegal “on-line”. In this matter, the relevant existing laws
apply.

3.6 Responsible Content providers must, therefore, be guided by the commitment

to reassure consumers and businesses that online Content to inform, educate, entertain
and facilitate commerce is safe and secure. Hence, the purpose of this Part is to:

41
 (a) Recommend guidelines and procedures relating to the provision of
online 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 Online services industry;
(b) Promote the education of users in making an informed selection of the
Content they consume; and
(c) Keep updated with international as well as national standards, trends
and cultural sensitivities of the general Malaysian public in applying and
reviewing this Part.

4.0 Principles
4.1 The following principles shall guide the parties who review, administer, apply,
are affected by and/or are subject to this Part of the Code :

(a) There shall be no censorship of the Internet as provided in Section 3(3)

of the Act.
(b) Responsibility for Content provided Online by Code Subjects primarily
rests with the creator of the Content.
(c) In acknowledging that in the fast-changing online environment, it is
very often impractical, costly, difficult and ineffective to monitor
Content, Code subjects will nonetheless fulfill, to the best of their ability
the requirements of the Code.
(d) Users are responsible for their choice and utilisation of Online Content.
(e) As users are able to independently exercise the choice on whether to
access, read or digest and consume various online materials, the
application of the Code, by Code Subjects under this Part shall take
cognisance of this fact.
(f) Any measures relating to content which are recommended by this Part
from time to time shall be:
(i) Technologically neutral;
(ii) Fair; and
(iii) Widely affordable and not adversely affect the economic viability
of the communications and multimedia industry.
42
 (g) Any guidelines that apply to the provision of online Content should not
unduly restrict the growth of the industry but serve to enhance a
conducive environment to encourage and stimulate the Malaysian
communications and multimedia industry.

5.0 Online Guidelines

5.1 Code Subjects shall apply the guidelines set out in Part 2 of this Code in
determining whether Content is indecent, obscene, menacing or offensive save where
expressly provided in this Part.

(i) Prohibition
No Code subject shall knowingly provide Online prohibited Content.

(ii) False Content

Content that is not truthful and likely to mislead is prohibited except in
any of the following circumstances:

(a) Satire and parody;

(b) Where it is clear to an ordinary user that the content is fiction;
and
(c) Where it is preceded by a statement that the content found on
the web site is not factual.

6.0 Measures – General and Specific

6.1 It is recognised that it is impractical, difficult and ineffective to monitor or
control a user’s access to Content available Online. It is left to the user to decide on the
nature of Online Content to be consumed and the tools to be utilised by the user in
controlling such Content.

6.2 The Content Forum will assist users in providing information on the type of tools
that are available for users to control access to Online Content. Such information can be
provided

43
on the Content Forum’s website which may be updated from time to time to reflect
evolving technology. The Content Forum’s website shall contain information on:
(a) The types of tools available to assist users in filtering or controlling
Online Content;
(b) User ethics in accessing and providing Content over the Internet;
(c) Responsibilities of adult users over children under their care in relation
to Internet use;
(d) Measures which can be taken by parents, guardians and teachers to
control children’s access to Online Content;
(e) Content provider ethics;
(f) This Content Code; and
(g) The appropriate channel to which a complaint regarding online Content
may be made, and the procedures by which such a complaint is to be
made.

6.3 The information provided on the website is intended to assist Online users and
the Content Forum is not responsible for any tools recommended or advice rendered.

6.4 Apart from the aforegoing general measures the following specific measures as
set out in Parts 7.1 – 10.2 must be complied with depending on the degree of control
that a Code Subject may have over the Online Content.

7.0 Internet Access Service Provider (IASP)

7.1 An IASP shall comply with and incorporate terms and conditions in the contracts
and legal notices as to terms of use with subscribers of their services. This shall include
the following terms:

(a) Subscribers will comply with the requirements of Malaysian law

including, but not limited to, the Code and shall not provide prohibited
Content nor any Content in contravention of Malaysian law;
(b) The IASP will have the right to withdraw access where a subscriber
contravenes the above; and
(c) The IASP shall have the right to block access to or remove such

44
 prohibited Content provided such blocking or removal is carried out in
accordance with the complaints procedure contained in the Code.

7.2 The existence of terms and conditions will be displayed on the IASP’s website in
a manner and form easily accessible by its subscribers by way of a link or other similar
methods.

7.3 Once an IASP is notified by the Complaints Bureau that its user or subscriber is
providing prohibited Content and the IASP is able to identify such subscriber the IASP
will take the following steps:

(a) Within a period of 2 working days from the time of notification, inform
its subscriber to take down the prohibited Content.
(b) Prescribe a period within which its subscriber is to remove the
prohibited Content, ranging from 1 to 24 hours from the time of
notification.
(c) If the subscriber does not remove such prohibited Content within the
prescribed period, the IASP shall be entitled to suspend or terminate the
subscribers’ access account.

7.4 An IASP will place on its website a hyperlink to the Content Forum website to
enable subscribers to obtain the information specified above. If an IASP does not have a
website, it will provide its subscribers with the Content Forum website address.

8.0 Content Aggregator

8.1 A Content Aggregator being a person who aggregates and/or purchases Content
shall incorporate terms and conditions in the contracts and legal notices as to terms of
use with users, subscribers and content providers of their services. This shall include
the following terms:

(a) Users, subscribers and Content providers will comply with the
requirements of Malaysian law including, but not limited to, the

45
 Code and shall not provide prohibited Content nor any Content in
contravention of Malaysian law; and
(b) The Content Aggregator will have the right to remove such prohibited
Content where a user, subscriber or Content provider contravenes the
preceding (a) above provided the removal of such prohibited Content is
in accordance with the complaints procedure contained in the Code.

8.2 Upon a Content Aggregator being notified by the Complaints Bureau that its
user, subscriber or Content provider is providing prohibited Content and the Content
Aggregator is able to identify such subscriber, user or Content provider, the Content
Aggregator will take the following steps:

(a) Within a period of 2 working days from the time of notification, inform
the user, subscriber or content provider to take down the prohibited
Content.
(b) Prescribe a period within which the user, subscriber or Content provider
is to remove the prohibited Content, ranging from 1 to 24 hours from
the time of notification.
(c) If the user, subscriber or Content provider does not remove such
prohibited Content within the prescribed period, the Content Aggregator
shall have the right to remove such content.

8.3 A Content Aggregator will place on its website a hyperlink to the Content Forum
website to enable users and subscribers to obtain the information specified above.

8.4 Where a Content Aggregator has editorial rights over the substance of Content,
it shall comply with Part 2 (Guidelines on Content) of the Code.

9.0 Link Provider

9.1 A person who provides links to other sites containing prohibited Content shall
remove the link to such sites within 24 hours of being notified by the Complaints
Bureau of the continuing existence of prohibited Content on such site.

46
10.0 Internet Content Hosting Provider (ICH)
10.1 An ICH being a person in its capacity of merely providing access to Content
which is neither created nor aggregated by itself but which is hosted on its facilities
shall incorporate terms and conditions in the contracts and legal notices as to terms of
use with users and subscribers of their services. This shall include the following terms:

(a) Users and subscribers shall comply with the requirements of Malaysian
law including (but not limited to) the Code and shall not provide
prohibited Content nor any Content in contravention of Malaysian law;
(b) The ICH shall have the right to withdraw its hosting services where a
user or subscriber contravenes (a) above; and
(c) The ICH shall have the right to remove such prohibited Content
provided such removal is in accordance with the complaints procedure
contained in the Code.

10.2 Once an ICH is notified by the Complaints Bureau that its user or subscriber is
providing prohibited Content and the ICH is able to identify such subscriber or user, the
ICH will take the following steps:

(a) Within a period of 2 working days from the time of notification, inform
the user or subscriber to take down the prohibited Content.
(b) Prescribe a period within which the user or subscriber is to remove the
prohibited Content, ranging from 1 to 24 hours from the time of
notification.
(c) If the user or subscriber does not remove such prohibited Content
within the prescribed period the ICH shall have the right to remove such
Content.

10.3 An ICH will place on its website a hyperlink to the Content Forum website to
enable users and subscribers to obtain the information specified in Parts 7.1 – 10.2
above.

47
 Examples in Applying Specific Measures

X, who is based in Kuala Lumpur, provides an Online lifestyle magazine which

can be accessed by anyone from any part of the world. X’s portal is hosted on
Y’s servers. Y’s servers are located in Penang.

X provides his own content and third party Content. In his arrangement with
the third party Content providers, he does not have the rights to edit the
Content. Most third party Content is pushed onto his site automatically without
X having the opportunity to view the Content beforehand.

X is a subscriber of Z’s Internet access services.

In this instance:
• X is both a content provider and Content aggregator
• Y is an ICH
• Z is an IASP
The Complaints Bureau receives a complaint that one of the web pages of X’s
online magazine contains Content which is obscene as defined in the Guidelines
on Content contained in Part 2 of the Code.

Scenario 1:
If X receives a notification from the Complaints Bureau it must:
(a) where X has provided the Content, remove the prohibited
Content.
(b) where the Content is provided by a third party W, inform W to
remove the Content within a period ranging from 1 to 24 hours.
The period prescribed is at X’s discretion. If W fails to remove
the prohibited Content, it shall be removed by X.

Scenario 2:
If Y receives a notification from the Complaints Bureau, it must notify X to
remove the Content within a period ranging from 1 to 24 hours. The period
prescribed at Y’s discretion. In this instance, Y gives X 4 hours. X may either

48
 remove the prohibited Content itself or direct W to remove the Content. If the
prohibited Content is not removed within 4 hours, it shall be removed by Y.

Scenario 3:
If Z receives a notification from the Complaints Bureau, it must notify X to
remove the Content within a period ranging from 1 to 24 hours. The period
prescribed is at Z’s discretion. In this instance, Z gives X 12 hours to remove
the Content. X may either remove the prohibited Content itself or direct W to
remove the Content.
If the prohibited Content is not removed within 12 hours, Z can suspend or
terminate X’s access to the Internet.
If X is not Z’s subscriber, Z will not be required to take any measures.

11.0 Measures not required

11.1 IASPs, ICHs and Content Aggregators shall not be required to undertake any of
the following:
(a) Provide rating systems for Online Content;
(b) Block access by their users or subscribers to any material unless
directed to do so by the Complaints Bureau acting in accordance with
the complaints procedure set out in the Code;
(c) Monitor the activities of users and subscribers; or
(d) Retain data for investigation unless such retention of data is rightfully
requested by the relevant authorities in accordance with Malaysian law.

12.0 Definitions
12.1 For the purposes of interpretation, should there be any inconsistencies between
the definitions in this Part and definitions elsewhere in this Code, those in this Part shall
apply. In this Part, unless the context otherwise requires —

49
Access means its ordinary meaning i.e. a means of entering; a
means or a right of using, reaching or entering. It is not the
definition in section 6 of the Act;

Content for the purposes of this Part, means Content as defined by

the Act transmitted through a variety of technology but
does not include:

a) ordinary private and/or personal electronic mail other

than bulk or spammed electronic mail;

b) Content transmitted solely by facsimile, voice telephony,

VOIP and which is intended for private consumption; or

c) Content which is not accessible to the public whether

freely, by payment of a fee or by registration, including (but
not limited to) content made available by way of a closed
Content Appli- cation Service or a limited Content
Applications Service under Sections 207 and 209 of the Act
respectively;

Content means a person who aggregates and/or purchases Content;

Aggregator

Internet Access means a service provider who provides users with access to
Service Provider the Internet including (but not limited to) the World Wide
Web;

50
Internet Content means a provider in its capacity of merely providing access
Hosting Provider to content which is neither created nor aggregated by itself
but which is hosted on its facilities;

Link Provider means a person who provides links to other sites;

Online means a networked environment which is available through

a connection to a network service wherein Content is
accessible to and/or by the public whether for a fee or
otherwise;
Online Content means a Code Subject who develops files of content for the
Developer Code Subject or on behalf of others to be made accessible
online;
Prohibited content means such Content expressed to be prohibited under Part
2 of the Code and Part 5.1 of this Part;

Provide in relation to Content means for a Code Subject to make

avail- able Online content where the Code Subject has:
a) full knowledge of the substance of the Content; and
b) control over the substance of such Content.

To the extent it does not conflict with the above definition,

the following activities are excluded from the ambit of the
above definition:
a) the enabling of access including (but not limited to) by
way of providing connectivity or links to such Content;
b) the aggregation of such Content; and
c) the hosting of Content online;

User a person accessing Online Content; and

Web page/ web site/ means files of Content accessible on the World Wide Web
site by a requested URL.

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 PART 6 SPECIFIC AUDIOTEXT HOSTING SERVICES GUIDELINES

1.0 Scope and Coverage

1.1 An Audiotext Hosting Service is defined as a service provided pursuant to a
licence issued by the Commission, such service being accessed by utilising a telephone
or any other future communication tool, and having access via numbers beginning with
the prefix 600 or any other number/mode determined by the Commission.

Objectives
1.2 The major purpose of these specific guidelines is to allow Audiotext Hosting
Service Providers to self-regulate themselves in the best interest of users generally and
in accordance with internationally recognised practice and national policy.

Principles
1.3 The following principles shall guide Audiotext Hosting Service Content providers
who are affected by and/or are subject to this Part of the Code:

(a) Audiotext Hosting Service Content providers shall apply the guidelines
set out in Part 2 of this Code in determining whether Content is
indecent, obscene, menacing or offensive unless otherwise defined in
this Part.
(b) No Audiotext Hosting Service provider shall knowingly provide
prohibited Content.
(c) Any content provided must not be misleading, likely to mislead or
essentially out of date.
(d) Guidelines will be adhered to on a self-regulatory basis in a manner that
would encourage the development of Content and the positive growth of
the industry.
(e) While recognising the importance of the positive growth and commercial
viability of the industry, Audiotext Hosting Service providers shall at all
times abide by all relevant laws and consider the views and interest of
the general public.
(f) Where live Audiotext Hosting Services are offered, at least one

52
 adequately trained employee must be assigned and present at all times
to moderate, facilitate and monitor the service to ensure that all
activities within the service remain healthy. The service must provide
facilities for the trained employee to immediately remove callers who
misuse and abuse the service.

2.0 Specific Guidelines Rating Classifications

2.1 All Audiotext Hosting Services must be classified according to the following
rating classification below and displayed clearly in all advertising materials.

(a) “U” - Information or Entertainment services suitable for all ages.

However callers below 18 years of age must obtain permission from the
person making payment for the use of the Audiotext Hosting Services.

(b) “18+” - Services for the general public 18 years and above.

Specialist Information
2.2 “Specialist Information” is defined as information or advice provided by
professionals, corporations, the government, government agencies or any other persons
who is appropriately qualified or an expert or specialist in relation to the area of
expertise.

2.3 Audiotext Hosting Service content containing professional advice or opinion

(e.g. Medical/Dental/Legal/Financial Services) must ensure that:

(a) The person is appropriately qualified in his area of expertise;

(b) The advice is prefaced with a disclaimer that such advice should not be
acted upon without first consulting a suitably qualified practitioner, and
be conveyed in a manner that accurately reflects the seriousness of the
subject matter; and
(c) Any advice involving scientific, statistical or other research data must
indicate clearly the source of such data.

53
2.4 An Advertisement relating to an Audiotext Hosting Services containing Specialist
Information or endorsement must clearly indicate:
(a) The identity, current status and relevant professional qualification and
experience of the person(s) involved; or
(b) The identity of the professional association, statutory authority or
government department involved.

Content Designed for Children and Young Persons or Dependent Persons

2.5 Audiotext Hosting Services designed for, either wholly or mainly, and aimed at
an audience of children, young persons or dependent persons must not

(a) Include references to sexual practices, language or materials that are

offensive to the standards of decency prevailing among those likely to
be exposed to them;
(b) Involve any information or noise or sound effect likely to alarm any
child or young person, or of other dependent person, having regard to
special protection for such dependent persons; and
(c) Force or unfairly cause any of the above persons, mentioned in this
paragraph to dial additional telephone numbers.

2.6 Advertisement of services aimed at young persons/children, must carry the

following warning messages: “This call costs [Link] per minute/per call. Callers under
18 must seek parent’s or guardians approval before calling”.

3.0 Copyright
3.1 Audiotext Hosting Services shall respect copyright ownership of recorded
announcements or interactive Content and shall not utilise part or all of the Content
from another medium without the permission of the copyright owner.

54
 PART 7 SPECIFIC LIMITED CONTENT GUIDELINES

1.0 Scope and Coverage

1.1 Limited Content refers to programmes, advertisements and other related
material conveyed through television, any networked medium or other means of
transmission, which are displayed or communicated to a limited, specified or specific
group of people or individuals. Providers of Content for this Part include:

(a) In-house TV and radio broadcasting;

(b) Electronic Boards (indoor/outdoor); and
(c) Any related networked medium.

1.2 Limited Content include, but are not be limited to, Bus TV, Rail TV, Hotel TV and
radio, Airport TV, Complex TV and radio broadcasting and Pay Per View TV.

1.3 Providers of all Limited Content Communications must abide by the provisions
set out in this Code especially those of Parts 2, 3 and 4 referring to the Guidelines on
Content, Advertisement and Broadcasting respectively.

55
 PART 8 CODE ADMINISTRATION

1.0 Introduction
1.1 The keyword in this Content Code is self-regulation. By virtue of this being a
voluntary industry Code, all those subscribing to it have expressly undertaken the
commitment and responsibility to uphold its objectives and principles. Good governance
through self-discipline and self-monitoring is the best form of administration as it
ultimately serves the interests of all parties concerned.

1.2 Content providers and Code Subjects are responsible for ensuring that Content
and promotion of their services, whether produced by themselves or others on their
behalf comply with the provisions of the Content Code.

2.0 Communications and Multimedia Content Forum of Malaysia

2.1 The Communications and Multimedia Content Forum of Malaysia, designated on
29 March 2001, comprises a balanced representation of the relevant sectors of the
industry to ensure the Code it has prepared, reflects the views of the community at
large.

2.2 Any addition, amendment or review of the Code shall be deliberated upon by
the relevant representative industry working group and referred to the Forum’s Council.
Its adoption shall be subjected to input by members and due consideration of public
comment.

2.3 The Forum, under its registered Constitution, is responsible for the
administration of this Code and for sanctions in the case of any breach.

2.4 The Content Forum through its Complaints Bureau shall receive, consider,
mediate and if necessary, adjudicate and make a ruling on matters, such as complaints
and grievances, relating to alleged breaches.

2.5 Any complaint on matters covered by this Code received by a Code subject
should be resolved by the parties concerned. However, if the complaint cannot be
resolved, it may be referred to the Complaints Bureau.
56
3.0 The Complaints Bureau
3.1 The Complaints Bureau shall :

(a) Consider and deal with complaints relating to content as provided for in
the Code;
(b) Investigate any Content which is considered to be in breach of the Code
without there necessarily having been a complaint;
(c) Rule on any dispute arising between members of the Forum or between
a member and a non-member; and
(d) Interpret provisions of the Code when the need arises or a request is
made.

3.2 The basis of the action of the Bureau is the Code and provision of the
Communications and Multimedia Act 1998.

3.3 The Bureau will deal with all complaints of a general or specific nature that
relate to this Code provided the complaint is made within two (2) months after its
occurring, and if deemed valid, with reasonable basis and not frivolous.

3.4 The Bureau is not permitted to consider complaints if they concern matters that
are the subject of legal proceedings, or if the Bureau decides it would be inappropriate.
The Complaints Bureau may hold an inquiry into a complaint:

(a) In response to a written request from a person or persons; or

(b) On its own initiative.

3.5 On receiving a complaint and prior to adjudication, the Complaints Bureau shall
provide the necessary assistance and guidance to the parties involved with the intention
of mediating an amicable resolution by mutual consultation.

3.6 In the event mediation attempts fail, the Bureau will proceed with dealing with
the complaint. The Complaints Bureau will convene an inquiry as and when the need
arises and may combine the hearing of two or more complaints into a single inquiry.

57
4.0 Procedure for General Public Complaints
4.1 Any complaint received from the public must be made in writing specifying, if
possible, the part of the Content Code that has been breached together with supporting
documents or details of the alleged misconduct.

4.2 The complaint will be referred to the Chairman for his consideration. If the
chairman is of the view that the complaint is frivolous or prima facie lacking in merit or
outside the scope of the Code, he will notify the complainant that no further action is
being taken and the reasons therefore.

4.3 If the Chairman is of the opinion that the complaint warrants further
investigation to determine its validity, the complaint will be forwarded immediately to
the party complained against for a response within two working days.

4.4 After two working days, the Chairman will review the complaint and the
response, if any. If the Chairman feels there are insufficient grounds for upholding the
complaint, the chairman will circulate to Bureau members his views together with the
complaint and the response, if any, within 4 working days of the receipt of the
complaint.

4.5 Within three working days, if the majority of the members agree with the view
of the Chairman, the Bureau will write to the complainant stating that there are
insufficient grounds to uphold the complaint.

4.6 If the Chairman is of the view that the complaint has merits, copies of the
complaint together with the response of the party complained against will be circulated
to members for their views within two working days and:

(a) If the views of the members are unanimous, the Bureau will inform the
parties involved of the decision.
(b) If there is a difference of opinion, the Bureau will convene a meeting
within three working days to deliberate the matter.

58
5.0 Procedure for Industry Complaints
5.1 Any complaint that any member or person from the industry has should first be
raised with the alleged offending party in writing, specifying the Part of the Code which
it is claimed has been breached with a copy extended to the Complaints Bureau.

5.2 If within two working days, the complaint is not resolved, then either party shall
in writing inform the Complaints Bureau which will then circulate copies of the complaint
to its members for their views within two working days and:
(a) If views are unanimous, the chairman will instruct the Secretaries on
the action to be taken.
(b) If there is a difference of opinion, the Bureau will convene a meeting
within three working days to deliberate the matter.

6.0 Inquiry Proceedings

6.1 In adjudication of all cases, the Bureau may require the parties concerned to
provide evidence in support of or against the complaint and for this purpose may
request:
(a) A written submission with documents, recordings or transcripts of the
relevant Content from the complainant and respondent;
(b) The presence of the complainant and respondent and their respective
witnesses at the inquiry;
(c) The presence of any party to provide clarification on a document
submitted as evidence; and
(d) The presence of any outside independent party for further information or
further evidence.

6.2 The Bureau will specify the time at which or within which the complainant,
respondent, their witnesses and any other affected parties are required to be present at
the inquiry.

6.3 The provision as to the time within which any party is required to act or respond
shall be strictly observed. However, all time limits set out may, in the Bureau’s
discretion, be extended if it is considered that its strict application may cause injustice.

59
7.0 Decisions of the Bureau
7.1 The ruling of the Complaints Bureau, on any matter and at any given time, shall
be decided upon by a majority of votes of its members and rendered in writing.

7.2 The parties concerned will be notified in writing of the decision and of the
subsequent action that is recommended or to be taken.

7.3 In the event that after the decision, any of the parties concerned comes into
possession of evidence not earlier available, it may request the Bureau for
reconsideration of its earlier decision. Such a request will be accompanied by a fee to be
determined by the Bureau and any decision upon such reconsideration will be final.

8.0 Sanctions
8.1 The Bureau after adjudicating on a complaint and upon finding that there has
been a breach of the Code may impose fines and other penalties permitted by virtue of
this Code. The Bureau may upon finding that there has been a breach of the Code:

(a) Issue a written reprimand;

(b) Impose a fine not exceeding fifty thousand (RM50, 000.00); and/ or
(c) Require removal of the Content or cessation of the offending act.

8.2 The Bureau may also refer the Offending Party to the Communications and
Multimedia Commission for further appropriate action as may be required.

9.0 Publication of Decision

9.1 The Complaints Bureau will report to the Forum’s Council the outcome of its
mediation efforts or the ruling made, and whether or not the party complained against
has complied with or the party in breach has agreed to comply with the ruling.

60
9.2 The Bureau shall publish its findings within 30 days of the conclusion of the
inquiry and in doing so shall not include in the report:

(a) Any material of a confidential nature; or

(b) Any disclosure or personal information about any individual deemed not
relevant to the complaint.

10.0 Composition of the Complaints Bureau

10.1 The Complaints Bureau comprises an appointed Chairman and six members of
the Forum, one each representing Advertisers, Audiotext Service providers,
Broadcasters, Civic Groups, Content Creators/Distributors and Internet Access Service
Providers.

10.2 The appointed Chairman shall be a retired judge or judicial officer or anyone the
Council deems fit. The Chairman may be appointed and reappointed for any duration as
deemed fit by the Council. The members of the Complaints Bureau shall be appointed
for a two-year term at the Annual General Meeting of the Content Forum. A member is
eligible for reappointment but cannot hold office for more than two consecutive terms.

10.3 A Complaints Bureau member is entitled to appoint another member of the

forum from the same category he/she represents, as an alternate and shall notify the
Forum Secretary in writing.

10.4 A formal inquiry convened by the Bureau shall be made up of the Chairman and
at least three members. In the event of the Chairman not being able to attend such a
scheduled inquiry, it must nonetheless be convened by at least three Bureau members,
one of who will be elected to be the Chairman of the inquiry.

10.5 In ensuring the fair hearing of a complaint, a Complaints Bureau member must
disclose to the Chairman, as soon as practicable, any interest, direct or otherwise, in
any particular matter related to the complaint. If the Chairman deems it necessary, all
parties involved in the inquiry must be informed of such disclosure to determine
whether the member may continue to execute his duties as a member of the Complaints
Bureau in relation to that matter. If none of the parties objects, the member may then
continue. If there is an objection, the member
61
cannot proceed in his capacity as a member of the Complaints Bureau in relation to that
matter.

10.6 Should any vacancy in the Complaints Bureau occur between the Annual
General Meeting of the Forum, the position may be filled by a member of the Council
until the next Annual General Meeting. The exercise of the powers, or the performance
of the functions of the Complaints Bureau shall not be affected only by reason of there
being a vacancy in its membership.

10.7 The Chairman or any member of the Complaints Bureau may, at any time,
resign his office by giving a written notice to The Board of Directors/Council.

10.8 The Council may, at its discretion, suspend any member of the Complaints
Bureau on the ground of inappropriate behaviour or incapacity or any other reasons
which makes him unfit to be a member of the Complaints Bureau.

11.0 Development, Amendment and Review of Content Code

11.1 Any proposal for development, addition to, amendment of, or review of the
Content Code required or necessary shall be referred to a Working Group comprising
the six categories, namely Advertisers, Broadcasters, Audiotext Service Providers,
Content Creators/Distributors, Internet Access Service Providers and Civic Groups.

11.2 Any such proposal for development, addition to, amendment of, or review of the
Content Code shall be considered and formulated by the members of the Working
Group and shall if approved by a resolution of a simple majority of the members of the
Working Group (whereupon it shall be referred to as the Recommendation) be made
available to members of the Society for their input.

11.3 The Working Group shall consider and deliberate on the input received from
members and decide the extent to which the Recommendation is to be revised. If two
thirds of the members are agreed on the Recommendation whether in its original form
or as revised, the Recommendation shall be submitted to the Council.

62
11.4 So long as the Council by simple majority of its members present and voting
approves the Recommendation the Council shall make available such Recommendations
for Public Comment (public consultation) for a reasonable period.

11.5 The Working Group shall thereafter consider the input in the form of Public
Comment that has been received and shall upon approval in its original or amended
form by a simple majority forward its Recommendation to the Council.

11.6 Upon receipt of such Recommendation in relation to Content Code as so

approved, the Council shall forward the same to the Malaysian Communications and
Multimedia Commission for registration.

11.7 The Malaysian Communications and Multimedia Commission must be notified of

any amendment or modification to the Content Code as it would be considered as a new
Code and would therefore need to be registered to take effect.

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 PART 9 PUBLIC EDUCATION

1.0 Public Awareness

1.1 The Forum will be proactive in its approach to make the public and all users
aware of the advantages of such a Content Code and the benefits of upholding its
objectives.

1.2 The potential use of the wide array of Content choices created by the
technological revolution of multimedia convergence is endless. But where there is use,
there is also potential for abuse.

1.3 Of particular concern is the exploitation, particularly of young children. It is

therefore the responsibility of all Content and service providers to work in conjunction
with consumer groups and individuals such as parents and teachers to educate society
on how to best manage this deluge such that the positive aspects are always
paramount and the negative influences discarded.

1.4 In this regard, it is necessary for some form of self-guard, self-vigilance and
self- censorship and to promote these checks and balances.

2.0 Industry Awareness

2.1 In the professional arena of the industry, all Content and service providers
should consider it incumbent upon themselves to ensure that the provisions of this Code
are brought to the attention of their employees entrusted with Content development
and production, Content acquisition decisions and commercial message and news
production.

2.2 Conscious efforts to adhere to stipulated standards of excellence and continuous

measures to promote the responsible use and dissemination of Content can only lead to
healthy growth of the industry and maximise the gains such technological development
can bring to society at large.

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 PART 10 CONSUMER PROTECTION

1.0 Introduction
1.1 In accepting, creating and disseminating Content, the need for protection of
consumers is of paramount importance and a relevant consideration. For the purposes
of this Code, “consumer” is taken to mean and understood to refer to a person who:

(a) Acquires or uses goods or services of a kind ordinarily acquired for

personal, domestic or household purpose, use or consumption; and
(b) Does not acquire or use the goods or services, or hold him out as
acquiring or using the goods or services, primarily for the purpose of –
(i) Re-supplying them in trade;
(ii) Consuming them in the course of manufacturing process; or
(iii) In the case of goods, repairing or treating, in trade, other goods
or fixture on land.

2.0 Principles
2.1 Consumers have certain rights as users of services provided by service
providers and that such rights must be upheld and observed.

2.2 In creating and providing content in the context of this Content Code, it must
always be in the basis, belief and philosophy and rationale that:

(a) Consumers shall be given sufficient, up to date and accurate

information in relation to the provision of and use of any
communications and multimedia service;
(b) Consumers are entitled to a level of service that is of an acceptable
standard and quality;
(c) The meeting of consumer requirements needs to be always be balanced
with the service providers’ business needs and practices; and

65
 (d) Consumers and service providers must always deal reasonably with
each other.

3.0 General Guidelines

3.1 The need for and the manner of protecting consumers are already reflected
throughout this Content Code. Code Subjects shall follow the guidelines and procedures
relevant to the service they provide, keeping in mind the national policy objective of
promoting a high level of consumer confidence in service delivery from the industry.

3.2 Child Protection:

In reiterating the importance of protecting young children;

(a) All content must have due regard to the welfare of a child at all times;
and
(b) All efforts must be made to ensure that any Content provided will not
result in causing, encouraging or promoting physical injury or abuse of
a child or expose a child to moral danger.

3.3 Quality and Standards:

Consumers have their expectations of content and related services:

Example

(i) Consumers should be able to watch shows and view materials without
being subject to lengthy commercials that affect the enjoyment of the
viewing.

(ii) Viewing or listening pleasure should not be marred by the dissemination

of objectionable or prohibited material. As set out in the General
Guidelines under Part 2.

66
 (iii) Content and materials should not glorify events and occurrence relating
to horror, sex and violence unless it is in the context of an actual and
real situation.

3.4 Cultural Diversity

Content should respect, protect and promote cultural diversity. Interests of minority
and marginalised groups such as the disabled or indigenous peoples should be
protected and promoted.

3.5 Diverse cultural content (in terms of variety, mix, timing etc) must be actively
promoted to avoid over-commercialisation of information.

3.6 Corrective Measures

Corrective and Counter Advertising should be provided for and detailed rules and
regulation drawn up to ensure adequate and effective compliance.

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Appendix 1:

Extracts from the Communications and Multimedia Act 1998 (Act 588).

Part I – PRELIMINARY

S.3 Objects

(1) The objects of this Act are -

(a) To promote national policy objectives for the communications
and multimedia industry;
(b) To establish a licensing and regulatory framework in support of
national policy objectives for the communications and
multimedia industry;
(c) To establish the powers and functions for the Malaysian
Communications and Multimedia Commission; and
(d) To establish powers and procedures for the administration of
this Act.

(2) The national policy objectives for the communications and multimedia
industry are -
(a) To establish Malaysia as a major global centre and hub for
communications and multimedia information and content
services;
(b) To promote a civil society where information based services will
provide the basis of continuing enhancements to quality of work
and life;
(c) To grow and nurture local information resources and cultural
representation that facilitates the national identity and global
diversity;
(d) To regulate for the long-term benefit of the end user;
(e) To promote a high level of consumer confidence in service
delivery from the industry;

68
 (f) To ensure an equitable provision of affordable services over
ubiquitous national infrastructure;
(g) To create a robust applications environment for end users;
(h) To facilitate the efficient allocation of resources such as skilled
labour, capital, knowledge and national assets;
(i) To promote the development of capabilities and skills within
Malaysia’s convergence industries; and

(j) To ensure information security and network reliability and

integrity.

(3) Nothing in this Act shall be construed as permitting the censorship of

the Internet.

Part V - POWERS AND PROCEDURES OF THE MALAYSIAN COMMUNICATIONS

AND MULTIMEDIA COMMISSION

Chapter 9 – Voluntary Industry Code

S. 95 Code by the Industry Forum

(1) An industry forum may prepare a voluntary industry code dealing with
any matter provided for in this Act -

(a) On its own initiative; or

(b) Upon request by the Commission.

(2) The voluntary industry code shall not be effective until it is registered by
the Commission.

S. 98 Compliance with a registered voluntary industry code a legal defence

(1) Subject to section 99, compliance with a registered voluntary industry
code shall not be mandatory.

69
 (2) Compliance with a registered voluntary industry code shall be a defence
against any prosecution, action or proceeding of any nature, whether in
a court or otherwise, taken against a person (who is subject to the
voluntary industry code) regarding a matter dealt with in that code.

S. 99 Directions to comply with a registered voluntary industry code

The Commission may direct a person or a class of persons, in accordance with
section 51, to comply with a registered voluntary industry code.

PART IX - SOCIAL REGULATION

CHAPTER 2 CONTENT REQUIREMENTS

S. 211 Prohibition on provision of offensive content

(1) No content applications service provider, or other person using a

content applications service, shall provide content which is indecent,
obscene, false, menacing, or offensive in character with intent to annoy,
abuse, threaten or harass any person.
(2) A person who contravenes subsection (1) commits an offence and shall,
on conviction, be liable to a fine not exceeding fifty thousand ringgit or
to imprisonment for a term not exceeding one year or to both and shall
also be liable to a further fine of one thousand ringgit for every day or
part of a day during which the offence is continued after conviction.

S. 212 Content Forum

The Commission may designate an industry body to be the content forum for
the purposes of this Part.

70
Appendix 2:

Relevant Legislation

Apart from the Communications And Multimedia Act 1998 (Act 588), Code Subject and
users may need to be aware of the following Acts of Parliament, Rules, Regulations and
other Guidelines and are advised to have sufficient resources and expertise to ensure
compliance where necessary.

List of Laws, Rules, Regulations and Guidelines Affecting or Relevant to Content

Accountants Act 1967 (revised 1972)

Betting Act 1953
Capital Markets and Services (Amendment) Act 2012
Child Act 2001
Children & Young Persons (Employment) Act 1966 (Revised 1988)
CMCF’s Guidelines on Advertisements of Slimming Products & Services published on 26th
January 2016
CMCF’s Guidelines for any Marketing Communications by a Gambling Company
Common Gaming Houses Act 1953
Competition Act 2010
Consumer Protection Act 1999
Consumer Protection (Electronic Trade Transactions) Regulations 2012
Kompilasi Pandangan Hukum, Muzakarah Jawantankuasa Fatwa Majlis Kebangsaan Bagi
Hal Ehwal Ugama Islam Malaysia in 2015
Copyright Act 1987
Defamation Act 1957
Dental Act 1971
Direct Sales and Anti-Pyramid Scheme Act 1993
Electronic Commerce Act 2006
Explosives Act 1957
Financial Services Act 2013 (FSA)
Film Censorship Act 2002
Food Act 1983
Food Regulations 1985
Garis Panduan Pengiklanan Ubat Dan Produk Perubatan Kepada Orang Awam (berkuat
kuasa 1 September 2015)
Garis Panduan Pengiklanan untuk Pengamal Perubatan Traditional dan Komplementari
(disediakan pada 28 September 2016)
Garis Panduan Mengelakkan Iklan Palsu atau Mengelirukan (berkuat kuasa pada 17 Ogos
2017)
Geneva Conventions Act 1962
Guidelines for Control of Cosmetic Products in Malaysia
Guideline for Cosmetic Advertisement
Indecent Advertisements Act 1953
Islamic Financial Services Act 2013 (IFSA)
Medicine (Advertisement and Sale) Act 1956 [(For Slimming Products refer to MOH letter
71
Ref no: KKM.600-11/4/2 Jld 2 (24)]
Minor Offences Act 1955
Money Services Business Act 2011 (MSBA)
National Anthem Act 1968
Penal Code
Perintah Perihal Dagangan (Perakuan dan Penandaan Halal) 2011
Personal Data Protection Act 2010
Pesticides Act 1974
Pesticides (Advertisement) Regulations 1996
Poisons Ordinance 1952
Printing Presses and Publications Act 1984
Private Higher Educational Institutions Act 1996
Private Healthcare Facilities and Services Act 1998
Sale of Drugs Act 1952 (Revised 1989)
Security Offences (Special Measures) Act 2012
Sedition Act 1948
Sexual Offences Against Children Act 2017
Trade Description Act 2011
Trade Marks Act 1976
Traditional and Complementary Medicine Act 2016

72
INDEX
Act
- Communications and Multimedia Act 1998, Part 1 (5.1)
Advertisement
- Consumer, definition, Part 3 (1.1)
- Availability of Products, Part 3 [4.1(xii)]
- Broadcasters, Advertisements, Part 4 (4.0, 4.1)
- Claims, Part 3 [4.1(viii)]
- Comparisons, Part 3 [4.1(xiv)]
- Decency, Part 3 [4.1(ii)]
- Denigration, Part 3 [4.1(xv)]
- Electronically, communicated, Part 3 (1.1)
- Exploitation of goodwill, Part 3[4.1(xvi)]
- Fear and Distress, Part 3 [4.1(iv)]
- Free Offers, Part 3 [4.1(xi)]
- General Principles, Part 1 (2.0)
- Guarantees, Part 3 [4.1 (xiii)]
- Guidelines on Content, Part 2
- Honesty and Truthfulness, Part 4.1(iii)
- Indirect Advertising and Product Placements, Part 3 (5.0)
- Imitation, Part 3 [4.1(xvii)]
- Legality, Part 3 [4.1(i)]
- Objectives, Part 3 (2.0)
- Prices, Part 3 [4.1(x)]
- Principles, Part 3 (3.0)
- Protection of Privacy, Part 3 [4.1 (vii)]
- Recognising and Identifying Advertisements, Part 3 (6.0)
- Safety, Part 3 [4.1 (v)]
- Specific Audiotext Hosting, Part 6 (2.6)
- Specific Online Guidelines, Part 5
- Specific Limited Content Guidelines, Part 7
- Testimonials and Endorsements, Part 3 [4.1(ix)]
- Unacceptable Products and Services, Part 3 [4.1(xviii)]
- Violence, Anti-social behavior, Part 3 [4.1 (vi)]
Advertisers
- Category, Part 3 (1.0)
- Identifying, Part 3 (6.0)

73
Advertising
Alcoholic drinks, Liquour; Part 3 (8.5)
- Children, Part 3 (7.2)
- Direct Sales Advertising, Part 3 (8.4)
- Food and drinks, Part 3 (8.3)
- Incontinent Pads For Adults; Part 3 (8.6)
- Indirect Advertising and Product Placement, Part 3 (5.0)
- Medical products, treatments and facilities, Part 3 (8.1)
- Messages, Notices; Part 3 (8.7)
- Pesticides, Part 3 (8.2)
- Professionals, Part 3 (7.3)
- Sanitary Napkins; Part 3 (8.6)
- Use of people, Part 3 (7.0)
- Women, Part 3 (7.1)
Applications Service Provider, Part 1 (5.1)
- Scope and Coverage, Part 1 (4.0)
- Definitions, Part 1 (5.0)
- Content Application Service Provider (see Content)
- Licensing Regulations 2001, Part 1(5.1)
Audiotext Hosting Services,
- Content designed for children and young persons or dependent
persons, Part 6 (2.5)
- Copyright, Part 6 (3.0)
- Objectives, Part 6 (1.2)
- Principles, Part 6 (1.3)
- Rating Classification, Part 6 (2.1)
- Scope and Coverage, Part 6 (1.0)
- Specialist Information, Part 6 (2.2)
- Specific Guidelines, Part 6 (2.0)
Administration, (Code, (see Code
Administration)
- Self-Regulation, Part 8 (1.1)
- Communications and Multimedia Content Forum, Part 8 (2.0)
- Complaints Bureau (see Complaints Bureau) Part 8
(3.0) Bad Language, Part 2 (6.0)
- Derogatory Terms, Part 2 (6.0)
- Expletives, Part 2 (6.0)
Broadcast, Specific/Broadcasting

74
 - Advertisement, Part 4 (4.0)
- Broadcasting, Part 4 [1.1 (i)]
- Classification, Part 4 (3.2)
- Cable, Part 4 [1.1(i)]
- Direct-To-Home subscription, Part 4 [1.1 (i)]
- Demand Services, Part 4[1.1 (i)]
- Exploitation, Part 4 (3.17)
- General Content, Part 4 (3.5)
- Information, Advice & Warnings, Part 4 (5.0)
- News and Current Affairs, Part 4 (3.7)
- Non-Discrimination, Part 4 (3.6)
- Objectives, Part 4 (2.0)
- Radio, Terrestrial Free-To-Air, Part 4 [1.1 (ii)]
- Religious Content, Part 4 (3.12 – 3.16)
- Satellite, Part 4[1.1 (i)]
- Scheduling, Part 4 (3.3 – 3.4)
- Specific Guidelines, Part 4 (3.0)
- Television, Terrestrial Free-To-Air, Part 4[1.1 (i)]
- Violence and Bad Language, Part 4 (3.11)

Classification, Broadcasting, Part 4 (3.2)

Code Administration
- Communications and Multimedia Content Forum of Malaysia,
Part 8 (2.0)
- Complaints Bureau, (see Complaints Bureau) Part 8 (3.0)
- Complaints, (see Complaints) Part 8 (3.0)
- Composition of Complaints Bureau, Part 8 (10.0)
- Development, Amendment and Review of Code, Part 8 (11.0)
- Introduction, Part 8 (1.0)
- Inquiry Proceedings, Part 8 (6.0)
- Procedure for General Complaints, Part 8 (4.0)
- Procedure for Industry Complaints, Part 8 (5.0)
- Self-Regulation, Part 8 (1.1)
- Sanctions, Part 8 (8.0)
Communications and Multimedia Act 1998, Part 1 (5.1)
Complaints Bureau, (see also Code Administration) Part 8
(3.1)
- Composition, Part 8 (10.0)
- Decisions of Bureau, Part 8 (7.0)

75
 - Definition, Part 1 (5.1)
- Procedure, (see Complaints) Part 8 (5.0)
- Publication of Decision, Part 8 (9.0)
- Role, Part 8 (3.0)
- Sanctions, Part 8 (8.0)
Complaints, Part 1 (8.0)
- General Public Complaints, procedure, Part 8 (4.0)
- Industry Complaints, procedure, Part 8 (5.0)
Consumer Protection, Part 10.0
- Definition, Part 10 (1.1)
- Guidelines, Part 10 (3.0)
- Child Protection, Part 10 (3.2)
- Corrective Measures, Part 10 (3.6)
- Cultural Diversity, Part 10 (3.4)
- Quality and Standards, Part 10 (3.3)
- Principles, Part 10 (2.0)
Code, Content
- Administration (see Code Administration)
- Compliance, Part 1 (6.0)
- Definition, Part 1 (5.0)
- General Principles Part 1 (2.0)
- Guidelines, Part 1 (1.1-1.6)
- Legal Status, Part 1 (6.0)
- Objectives, Part 1 (3.0)
- Self-Regulation, (see Self-Regulation)
Content Code, (see above)
Content
- Age, Part 1 (2.4)
- Applications Service Provider, Content, Part 1 (5.1)
- Definition, Part 1 (5.1)
- Scope and Coverage, Part 1 (4.0)
- Children, Part 1 (2.6)
- Advertising, Part 3 (7.2)
- Safety, Security & Imitable Acts, Part 2 [8.0 (ii)]
- Violence, Part 2 (4.0)
- Culture, Part 1 (2.4, 2.5, 2.7)
- Decency, Part 2 (2.0)
- Defamation, Part 1 (6.4)

76
 - Diversity, Part 1 (2.5, 2.9)
- Educational Background, Part 1 (2.7, 2.9)
- Ethnicity, Part 1 (2.7, 2.9)
- False, Part 1 (2.3)
- Gender, Part 1 (2.7, 2.9)
- Geographic Location, Part 1 (2.7, 2.9)
- Indecent, Part 1 (1.2), Part 2 (2.0)
- Intellectual Property, Part 1 (6.4)
- Interpretation, Part 1(5.0)
- Self -Regulation, Part 1 (7.2)
- Liberalisation, Part 1 (7.2)
- Transparency, Part 1 (7.2)
- Limited, Content, Part 7 (1.0 –1.3)
- Marital Status, Part 1 (2.4, 2.7)
- Menacing, Part 1 (2.3), Part 2 (5.0)
- National Origin, Part 1 (2.9)
- Obscene, Part 2 (3.0)
- Offensive, Part 1 (2.3)
- Physical or Mental Disability, Part 1 (2.4)
- Political Persuasion, Part 1 (2.9)
- Pornography, Part 1 (6.4), Part 2 [3.1 (i) (ii)]
- Child Pornography, Part 2 [3.1 (ii)]
- Protection, Part 1 (6.4)
- Race, Part 1 (2.9)
- Religion, Part 1 (2.9)
- Sedition, Part 1 (6.4)
- Self-Regulation, Part 1 (7.0-7.2)
- Sexual Orientation, Part 1 (2.9)
- Socio Economic Status, Part 1 (2.9)
- Transparency, Part 1 (7.2)
- Violence, Part 2 (4.0)
- Offensive violence, Part 2 [4.3 (i)]
- Imitable violence, Part 2 [4.3(ii)]
- Sexual, Part 2 [4.3 (iii)]
- Young, Vulnerable Audiences Part 2 [4.3(iv)]
- Women and Men, Part 1 (2.5)

Decency, Advertisement, Part 2 (3.0)

77
Decisions
- Publication, decision, Part 8 (9.0)
- Bureau, decision, Part 8 (7.0)
Definitions, Part 1 (5.0)
- Act, Part 1 (5.1)
- Advertisement, Part 3 (1.1)
- Advertiser, Part 3 (1.1)
- Advertising Agencies, Part 3 (1.1)
- Applications Service Provider, Part 1 (5.1)
- Code Subjects, Part 1 (5.1)
- Code, Part 1 (5.1)
- Commission, Part 1 (5.1)
- Complaints Bureau, Part 1 (5.1)
- Content Applications Service Provider, Part 1 (5.1)
- Content Forum, Part 1 (5.1)
- Content, Part 1 (5.1)
- Degradation, Sexual, Part 2 [3.0 (iii)]
- Derogatory Terms (see Bad Language)
- Disabilities, people (refer to Persons With Special Needs)
- Minor, Part 1 (5.1)
- Network Facility, Part 1 (5.1)
- Online, Part 1 (5.1)
- Prohibited Content, Part 1 (5.1)
- Specific Online, Part 5
Disabilities, People, (refer to Persons With Special Needs)
Distress, Advertisement, Part 3 [4.1(iv)]

Education (see Public Education)

Expletives (see Bad Language)
Exploitation of Goodwill, Part 3 [4.1 (xvi)]

False Content, Part 1 (2.3), Part 2 (7.0) Part 5 [5.1 (ii)]

Family values, Part 2 (9.0)
Fear
- Advertisement, Part 3 [4.1 (iv)]
- Distress, Part 3 [4.1 (iv)]
Food and Drinks
- Advertising, Part 3 (8.3)

78
General Principles, Part 1 (2.0)

Hate Speech, Part 2 [6.1 (iii)]

Honesty, Advertisement, Part 3 [4.1 (iii)]

Imitable Violence, Part 2 [4.3 (ii)]

Indecent, Content, Part 1 (2.3)
- Nudity, Part 2.0 (i)
- Sex & Nudity, Part 2.0 (ii)
Inquiry Proceedings, Complaints Bureau, Part 8 (6.0)

Liberalisation (see Code Interpretation, Part 1 (7.2)

Language Bad, Part 2 [6.1 (i), (ii), (iii), (iv)]
Legality, Advertisement, Part 3 [4.1 (i)]
Licensing Regulations 2001, Part 1 (5.1)

Malaysian Communications and Multimedia Act 1998, Part 1 (6.4)

Medical Products, Treatments and Facilities,
- Commercials and Advertisements, Part 3 (8.1)
Menacing Content, Part 1 (2.3)

Offensive Language, Part 2 [6.1(i)]

Offensive, Content, Part 2 (4.0)
Offensive, Violence, Part 2 (4.0)
Online
- Definitions, Part 5 (12.0)
- Access, Part 5 (12.0)
- Content, Part 5 (12.0)
- Internet Access Service Provider, Part 5 (12.0)
- Online, Part 5 (12.0)
- Prohibited Content, Part 5 (12.0)
- Provide, Part 5 (12.0)
- User Web Page/Website Part 5 (12.0)
- Innocent carrier, Part 5 (2.0)
- Objectives, Part 5 (3.0)
- Principles, Part 5 (4.0)
- Prohibition, Part 5 [5.1(i)]
- False Content, Part 5 [5.1(ii)]

79
 - Other Content, Part 5 [5.1 (ii)]
- General Measures, Part 5 (6.0)
- Content Aggregator, Part 5 (8.0)
- Internet Access Service Providers, Part 5 (7.0)
- Internet Content Hosting Provider, Part 5 (10.0)
- Link Provider, Part 5 (9.0)

Online Advertisements, Part 3 (1.1)

Online, Definition Part 5 (1.3)

People, Disabilities, (see Persons With Special Needs)

Pesticides, Advertisements, Part 3 (8.2)
Profanity (see Bad Language), Part 2 (6.0)
Professionals, Advertising, 3.6 (iii) Part 3 (7.3)
Public Education
- Awareness, Public, Part 9 (1.0)
- Awareness, Industry, Part 9 (2.0)
Radio, Part 4 [1.1(ii)]
- Classification, exemption, Part 4 (3.2)
- Free to Air, Part 4 [1.1 (i) (ii)]
- Subscription Television, Part 4 [1.1 (i)]
- Subscription Radio, Part 4 [1.1 (ii)]
Scheduling, exemption, Part 4 (3.3)
References, Crude, Part 2 [6.1 (ii)]
Religious Content, Broadcasting, Part 4 [3.12-3.16]

Safety, Security, Part 3 [4.1 (v)]

Scheduling, Broadcasting, Part 4 (3.3)
Self-Regulation, Part 1 [3.0, 3.1, 3.2]
Sexual Degradation, Part 2 [3.1 (iii)]
Specific Limited Content
- Scope and Coverage, Part 7 (1.0)
Speech, Hate, Part 2 [6.0 (iii)]
Subscription TV, Part 4 [1.1 (i)]
Subscription Radio, Part 4 [1.1 (ii)]

Transparency, (see also Code Administration) Part 1

(7.2) Television, Part 4 [1.1 (i)]

80
 - Direct-to-home or by Subscription, Part 4 [1.1 (i)]
- Free-To-Air, Part 4 [1.1 (ii)]
- Subscription TV, Part 4 [1.1 (i)]
- Limited Content, Part 7(1.2)

Unacceptable Products and Services, Part 3 [4.1

(xviii)]

Values, family, Part 2 (9.0)

Violence, Part 2 [4.0, 6.0 (iv), 8.0 (i)]
- Advertisement, violence, Part 3 [4.1 (vi)]
- Broadcasting, violence, Part 4 [3.11]
- Definition Violence, Part 2 (4.0)
- Imitable, violence, Part 2 [4.3(ii)]
- Offensive, violence, Part 2 [4.3(i)]
- Sexual violence, Part 2 (4.3 (iii)]
- Violence and young, vulnerable audiences, Part 2 [4.3 (iv)]
Vulnerable, audience, Part 2 [4.3(b)]

Women
- Advertising, Part 3 (7.1)

Web casting, Part 1 [5.1(iii)]

Warning
- Information, Advice and Warnings
- Part 4 (5.0)

81