Net censorship: Govt dangles carrot, wields big stick

CYBERJAYA: The message is clear: The Government will uphold its commitment to non-censorship of the Internet, but no violations of the law will be tolerated.

In his speech at the launch of the Communications and Multimedia Content Code last week, Energy, Water and Communications Minister Datuk Seri Dr Lim Keng Yaik described the code as “a test for self discipline,” and said: “I’m sure you will agree that self-discipline is better than regulatory intervention.”

“But if there is no self-discipline, there will be regulatory intervention,” he warned.

The Content Code, which regulates content available in the “networked medium,” was formulated by the Communications and Multimedia Content Forum (CMCF), a body mandated under the Communications and Multimedia Act (CMA) 1998.

CMCF members comprise advertisers, audiotext service providers, broadcasters, civic groups, content developers, and Internet access service providers.

The code is a unique feature of the CMA, which calls for industry self-regulation in several areas including consumer interests, service access, as well as content in the communications and multimedia industry.

The national policy objectives of the Communications and Multimedia Act 1998, which also governs online content created by individuals, speak of a civil society and national identity, Dr Lim said. Read together with the concept of industry self-regulation, they “imply a certain degree of discipline, cultural and ethical norms.”

“The regulator, the industry player and the consumer together form a civil society where behaviour is expected to be in the interest of the nation,” he said.

Several times throughout his speech and when responding to reporters’ questions later, Dr Lim emphasised the Government’s seriousness in prosecuting breaches of the code and other content-related laws.

“It doesn’t matter how liberal you are, if you break the law, you will be charged,” he said.

Asked at a press conference if the authorities were fighting a losing battle in their attempts to regulate online content, he said: “No, there are laws for that.”

He cited the recent case of an Internet user who had posted a comment that some people found offensive. The person has been questioned (by the authorities), and the Malaysian Communications and Multimedia Commission (MCMC) was currently preparing the next course of action, he said.

However, the Government was also not about to sweat over things it has little control over, said Dr Lim. He added that due to the cross-border nature of the Internet, Malaysians would be exposed to content originating from outside the country.

Unlike television, where content is broadcast to viewers, Internet users have to seek out the content they want, including objectionable material such as pornography, he said.

“You need self-discipline,” he said, adding that parents should also be supervising their children’s use of the Internet.

Balancing act

At the same event, CMCF chairman Prof Tony Lee said in his speech that there was a need to balance “freedom of speech against ... potentially offensive and harmful material.”

“The Content Code recognises the right of consumers to choose content of their choice,” he said. “But this choice needs to be exercised with care, and that responsibility should be shared by individuals, parents, teachers and guardians.”

The crux of the code is as envisaged by Section 211(1) of the CMA, which states that “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.”

Lee described the code as “a living document” that must keep pace with the technology. “CMCF must be continually vigilant and ensure that the code is reviewed from time to time,” he said.

The Content Code became effective on Sept 1 after it was registered with the MCMC. Lee said CMCF had more work to do, especially in encouraging local content development.

“Our consumers prefer to watch foreign sitcoms and serials from Hong Kong and India,” he said, adding that there was a “dire need to recognise the (local) creative industry.”

The industry has the potential for wealth and job creation through the generation and exploitation of intellectual property, said Lee.

He suggested that a study be conducted to understand the challenges and opportunities faced by the industry, and its potential contribution to the economy. He also urged the MCMC to consider providing incentives for locally produced content.

“There is a need to ensure that creative businesses have access to appropriate financial support, and that the financial sector is aware of opportunities and benefits of investing in the creative industry,” Lee said.