CONTENT CODE FOR MALAYSIAN
INTERNET
The History
In 1998, the government drafted The Communications
and Multimedia Act 1998 (CMA 98) to replace the repeal Telecommunications
Act 1950 and the Broadcasting Act 1988. This was at that time, an
extended statute to the controversial Cyber Laws of Malaysia,
a statute that comprises three main acts, that is the Digital
Signature Act 1997, Computer Crimes Act 1997 and Telemedicine Act
1997. Extended, because CMA 1998 comprises for the first time
every broadcasting and multimedia services, be it from television,
radio, phones to the internet. Controversial, because no one knows
how the enforcement would take place in a virtual world.
The birth of CMA 1998, have pave the way for the creation
of Malaysian Communications and Multimedia Commission(MCMC)
by virtue of the Malaysian Communications and Multimedia Commission
Act (MCMCA) 1998. This commision main function was to regulate
the whole communication and multimedia industry, and streamline
it to comply with the goverment's policy and the Malaysian aspiration
to be the regional hub of telecommunication and multimedia by 2020.
Quite a hard task indeed.
Since then, we Malaysian have seen a booming in the
telecomunication and multimedia industry. For starters, many started
to use handphones. There were more radio station nowadays then I
myself can remember. Then, internet became the craze of Malaysian.
Education in computers and IT related courses become main attraction
for students. Cyber cafe's pop up like mushrooms here and there.
And with it, malaysian websites and on-line business and services.
It seems, Malaysia was set to become the pioneer in k-economy, especially
with Multimedia Super-Corridor Raya or MSC set to be the main gateway
for all telecomunication, business and services via the net.
Reality Bites
Then reality struck. These facilities was misused
by some local webmasters to publish propaganda's and instill race
and religion hatred among Malaysians. Internet surfers belief more
of this unconfirmed stories than newspapers and television. Political
parties started to build their own sites to woo voters. A lot of
confusion takes place. There were many version of stories. Everyone
started to give their two cents worth.
Conspiracy theories were circulated among Malaysians,
most without evidents and facts. Incident of Kg. Medan was one of
the example. Just few hours after the incident broke out, many people
started came out with their own theories and speculation. This information
was relayed then to many people, creating fear and burning unnecessarry
hatred among Malaysians. All this things create distrust
among us. People started not to trust the government. People started
not to trust the opposition. People started not to care.
While all this were going around, some opportunist
take this advantage to cash in some money. Illegal VCD vendors started
downloading mp3s from the net and sold it to the Malaysian public
for a poultry price. Piracy becomes rampant. In just two years starting
1998, Malaysia have become the second largest piracy hub in the
world, second only to China. Worst, this culture of buying pirate's
VCD's have become so deep-rooted among Malaysian, that even I myself
have become a part of it. Hmmm...
In the IT business circle, the bubble burst in 2001.
Many websites and internet services close down. Poor enforcement
of the law, mismanagement, insufficent local expertise and too much
red-tapes by the relevant authorities was cited as the main cause
of such failure. The 1998 economic slowdown only worsen this scenario.
Many companies 'gave it up' for fail to recover.
The Hope in The Year of The Horse
Just five month in the year 2002, it seems at last
Malaysia is coming through. Our economic is slowly recovering, though
it stall a moment after the 11 September tragedy. Red tapes concerning
the MSC is slowly lifted to ensure easier and friendlier business
environment. Local webmasters are more matured now. Malaysians are
more matured now.
War against piracy is on. The birth of the Optical
Disc Act 2000, gave the relevant authorities the power to stop
such illegal business. It is an uphill battle. I predict it is going
to be long war. The police themselves re-organise and restructured
their management. They even implement a 'free-crime' zone, in a
2km radius from all their police headquarters and beatbase. Still,
now and then I do see illegal VCD vendors operating just a few metres
away from the Bangsar Police beatbase or the SS2 Police headquarters.
Hmmm...
The set-up of DanaHarta ensures that Malaysian business
especially the one concerning telecommunication will not go to foreigners.
The case of TRI is a good example.
Socially, the government have tighten the relevant
laws regarding rape, incest and terrorism. Starting this end of
May, we will see a lot of new undergraduates signing a declaration
of loyalty to the King and country. This declaration is a must for
entree to public universities. Many government employees have to
do the same as well.
Now that leave us with only one more problem. The
internet.
Censorship
Whether we agree or not, for the past 4 years we have
seen the impact of internet to Malaysians. Time have change. We
have seen few websites been sued and warned by the authorities,
for disseminating unconfirmed news and publishing articles that
is subversive to national security. Internationally, we have seen
the cases of Antrax in America, where the FBI themselves speculate
that this culprits learn to make antrax via the net.
Actually, there is no need for us to go far. Look
at this forum. We can see intolerance and fights among Malaysians
especially in the political and religion thread. In the sex-education
forum, we can see people post materials using foul languages and
words so vulgar, you sometimes think how could these people even
have a decent conversation with their elders, without uttering the
four letter word now and then.
Yes, this is the bad side of internet. But can censorship
rectify this matter?
The MCMC have delegated its power to the Communication
and Multimedia Content Forum(CMCF) of Malaysia to planned and
drafted the Content Code, that will apply to all local webmasters,
advertisers, content creators ect. However, this code is not a law,
for the CMA 1998 section 3(3) of part 1 state;
Nothing in this Act shall be construed as permitting the censorship
of the Internet.
And MCMC derives its power from CMA 1998. Therefor,
its planned to have a Content Law is ultra-vires the main act. Thats
why it is called a Content Code.
The CMCF task as stated in their website is;
...CMCF was established in February 2001, as a Society, with
representation from all relevant parties, including the “supply
and demand” side of the communications and multimedia industry
- to govern content and address content related issues disseminated
by way of electronic networked medium.
The CMCF have for the past year drafted this Content
Code. It is a self regulatory code, meaning that non-members adhere
to the code on a voluntarily basis only. However, the MCMC can take
necessarry action if a formal complaint is lodge against a non-member.
Currently all the members are key industry players. They are-advertisers,
audiotext service providers, broadcasters, content creators/distributors,
Internet access service providers and civic groups.
So? Why should I care?
The propose Content Code is currently for public viewing
for 60 days beginning 10 May 2002. The impact of such a code is
vast to the public. Matters ranging from free speech, to building
your own personal websites may be infringed by it. For forumist,
maybe the days of all of you using foul languages is over. The administrator
will not be at fault for the proposed code deems it as an 'innocent
carrier'. I believe, people in the religion and political thread
will be hit the most. Now, come to think of it, that is quite a
good idea. Hehehe....
However still, enforcing such laws is quite a task
seeing that the relevant authorities had yet to have sufficient
man-power and upgraded facilities. But again, Malaysia have taken
the first step in regulating this 'virtual insanity' world,
by passing such laws. Enforcement it seems, will be a gradual process,
running side by side with the building of relevant infrastructure
and training of local expertise.
Bluesyworms
17-05-2002 at 04:07 AM
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