Malaysia Communications and Multimedia Forum (“Content Forum”) Published on Public consultation on the overhaul of the Communications and Multimedia Content Code 2021 (“Consultation document“) September 24, 2021 for public comment on proposed revisions to the existing content code (“Content Code“).

First introduced in 2014 and revised once in 2020 with minor changes, the Content Code contains guidelines and procedures to govern standards and best practices for the delivery of content within the communications industry. and multimedia. The revised version of the content code (“RCC 2021”) Aims to fill policy gaps on emerging content-related issues that have arisen as a result of significant changes in the industry and to provide more comprehensive and holistic guidelines and best practices for the industry while maintaining the principle of self-regulation.

Some of the notable proposed revisions are as follows:

New provisions to tackle online abuse and gender-based violence

Under the CCR 2021, abuse and online content that incites or provokes any act of abuse and gender-based violence that results in or is likely to result in physical, sexual or psychological harm or abuse is prohibited.

Protecting the Rights of People with Disabilities (PWD)

CCR 2021 introduces provisions allowing code subjects / service providers to provide reasonable accommodations (as defined in CCR 2021) to deliver content and information intended for the general public in accessible formats and technologies suitable for people persons with disabilities as well as to make reasonable efforts to improve the accessibility of the content broadcast for persons with disabilities vis à vis setting up the appropriate access service.

Widen the scope of the provisions relating to advertising

The guidelines on advertising in the CCR 2021 are extended to all advertising communicated on the network medium, including those by online market operators and influencers. There are also influencer marketing provisions that require advertisements or marketing communications that include the involvement of third parties (such as influencers) as part of a business agreement to be clearly disclosed as being made in exchange for ‘a cash payment or other reciprocal arrangement instead of cash. to ensure that influencer marketing is not used as a tool to mislead consumers. For example, disclosures should be placed with the content of the endorsement itself and use an initial tag, such as “Advertisement”, “Advertising functionality”, “Advert”, “Sponsored”, etc.

Allow advertising on alcoholic beverages

While the Content Code generally prohibits advertising of alcoholic beverages and alcoholic beverages, CCR 2021 allows advertising of alcoholic beverages communicated on electronic media (excluding broadcast media such as television and radio. ), subject to strict restrictions (with clear age provisions, prohibition for Muslims, responsible drinking messages).

Advertising by a licensed gaming or betting company

It is also proposed that gaming and betting companies be allowed to run public service announcements and corporate social responsibility campaigns as long as the messages originate from their charitable branch and do not include any essence of the products or items. marketing such as the original slogan or logo. CCR 2021 also provides examples / illustrations of advertising cases related to gambling products and services.

The use of religion and children in advertisements

CCR 2021 prohibits the use of religion in any form of advertising as a general rule. It has been proposed that religion should not be exploited or used to advertise products and / or services, subject to certain exceptions permitted by law such as “Halal” certification and “Islamic” banking.

With respect to the use of children in advertisements, CCR 2021 provides that such advertisements must not condone or encourage practices harmful to their health and must not portray or portray children in any sexual way, either directly. or indirectly. The CCR 2021 also contains provisions relating to advertising aimed at children.

Online service providers

With regard to the JRC 2021 specific online guidelines, the scope has been extended to online service providers, covering all content launched, uploaded, streamed or made available online in Malaysia, although this excludes expressly Over-the-Top (OTT) content services. It is also proposed that online service providers take both reactive and proactive measures with regard to prohibited material or activities.

In addition to the above, the consultation document and the CCR 2021 also contain proposed revisions concerning, among others, indecent content (in particular, allowing content on nudity in certain circumstances), fundamental principles to be observed by advertisers when ‘they deal with consumers, removing the list of unacceptable products and services, specific broadcast guidelines (eg the introduction of a new classification for the subscription broadcasters classification mechanism) and the handling of complaints.

Closing Date

The deadline for providing comments on the consultation document and the 2021 CCR is November 9, 2021.

comments

In an age where content is easily created, accessed and delivered through various forms of media and platforms, regulating content is becoming more difficult, especially given the rapid development of technology, the internet and social media. . The revisions proposed in CCR 2021 appear to address some of the gaps and issues arising from these developments while refining other provisions of the Content Code. For example, CCR 2021 has introduced new definitions to accommodate changes in the communications and multimedia industry, for example ‘social media’ and ‘influencers’, and even addresses issues such as marketing. influence which has undoubtedly become a popular marketing method. The proposed revisions appear to be a welcome change and interested parties are encouraged to provide comments on the public consultation.