CSOs Welcome the Tabling of the Malaysian Media Council Bill

JOINT STATEMENT
13 December 2024

The undersigned civil society organisations (CSOs) working on freedom of expression welcome the tabling of the Malaysian Media Council (MMC) Bill in Parliament on 12 December 2024 for its first reading.

We commend the government’s commitment to establishing this progressive institution, which is expected to preserve media freedom and freedom of expression in Malaysia. It would ultimately allow the public to be better informed by promoting an ethical reporting environment and making better decisions which would lead to a more participative democracy. As a multi-stakeholder and self-regulatory mechanism, this will enable the media industry to strengthen its critical role as the fourth estate of democracy and rebuild its trust in society.

Positive Aspects in the Bill

We are pleased to see several positive provisions in the MMC Bill that would strengthen the media institution. These include:

1. Multi-stakeholder mechanism (Section 7) – the Bill guarantees that the membership of the MMC would be a multistakeholder mechanism. It would include representatives from:
   • Media owners and publishers
   • Media personnel and media organisations
   • Civil society organisations, academics, and others vested in promoting media freedom

   The role of Category III is critical in providing additional checks and balances and to be the voice that would serve the public interest.

2. Inclusivity and gender equality (Section 8(1)(f)) – the Bill guarantees the appointment of six additional members to the Board, ensuring equal representation from the aspect of gender, locality and diversity of the media by languages and formats. This results in fairer, more democratic decision-making processes through robust, diverse and pluralistic discourse.
3. Independence of the chairperson (Section 9(1) and (2)) – the Chairperson’s appointment is decided by all Board members and ensures they shall not be actively involved in politics or registered with any political party, or be any member of the public services. This strengthens MMC’s role as a self-regulatory body free from undue influence.
4. Establishing a grievance mechanism (Part IV, Sections 15 and 16) – the Council is mandated to manage complaints against the media, serving as an intermediary between MMC, the government, and the public to resolve disputes and maintain public confidence.
5. Setting up an Independent Malaysia Media Council Fund (Section 17) – the MMC Fund supports and sustains the Council and finances media industry development research. Controlled by the MMC, the fund ensures accountability and limits political or business influence.

Our Concerns

Our key concerns about the MMC Bill include provisions that could undermine its independence and effectiveness:

1. Inclusion of Government Representatives – Two government representatives with voting rights appointed by the Minister may lead to undue interference, contradicting the self-regulatory purpose of the MMC and affecting public trust.
2. Ministerial Approval for Foreign Grants – Requiring Ministerial approval to receive foreign grants compromises the independence of the MMC Fund (Section 17(5)).
3. Failure to Commit to Law Reforms – The Bill does not reflect the Protem Committee’s recommendation to repeal the Printing Presses and Publication Act 1984 and Section 211 & 233 of the Communications and Multimedia Act 1998. Recent amendments raise concerns over press freedom and journalist source protection.

Recommendations

1. Remove government representatives from the Board and amend grant approval to a notification mechanism via annual reports to preserve independence.
2. Commit to comprehensive reform of restrictive laws including:
   • Printing Presses and Publications Act (PPPA) 1984
   • Communications and Multimedia Act (CMA) 1998, especially Section 233
   • Official Secrets Act 1972
   • Sedition Act 1948
   • Section 203A of the Penal Code
   • Whistleblower Protection Act 2010 (restricting media disclosures)

Conclusion

The MMC Bill must be amended before the second reading in Parliament to ensure it aligns with its stated objectives of upholding ethical standards and advancing media freedom in Malaysia.

Endorsed by:

1. Centre for Independent Journalism (CIJ)
2. Gerakan Media Merdeka (Geramm)
3. Sinar Project
4. Sisters In Islam (SIS)
5. Justice For Sisters (JFS)
6. Suara Rakyat Malaysia (SUARAM)
7. ARTICLE 19
8. Freedom Film Network
9. Amnesty International Malaysia
10. KRYSS Network

Sources:
The Star TV Report
Parliament Bill Info