Malaysia: Civil society welcomes tabling of the Media Council Bill

JOINT STATEMENT

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 three categories, including (i) media owners and publishers, (ii) media personnels and media organisations; and (iii) 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 – whose purpose is to carry out the functions and manage the affairs of the MMC – ensuring equal representation on the Board of the MMC from the aspect of gender, locality and diversity of the media by the languages and the formats. As an institution that seeks to represent the voices of all people in the media, as well as the public interest, this results in fairer, more democratic decision-making processes through robust, diverse and pluralistic discourse containing a variety of perspectives and representation.
3. Independence of the chairperson (Section 9(1) and (2)) – the Bill assures this independence as the Chairperson’s appointment is decided by all members of the Board (Section 9(1)) and ensures that they shall not be actively involved in politics or registered with any political party, or any member of the public services (Section 9(2)). It thus helps consolidate the MMC as a self-regulatory body that is not influenced by political or business expediency and is more likely to appoint a Chairperson that seeks to meet the public interest.
4. Establishing a grievance mechanism (Part IV, Sections 15 and 16): The Council is mandated to set up a grievance mechanism to manage complaints against the media. This mechanism is a pivotal intermediary between the MMC, the government, and the public in resolving disputes to ensure public confidence in the members of the MMC Council and the media industry.
5. Setting up an Independent Malaysia Media Council Fund (MMC Fund) (Section 17) – The MMC fund is a necessary tool to support and sustain the MMC as well as ‘finance research in relation to the development of the media industry’ (Section 18(1)(c)). Overall the fund is controlled and administered by the MMC, thus making it free from undue interference.  Moreover, as the fund consists of sums that may be provided by Parliament (Section 17(2)(a)) as well as from all moneys earned by the fees collected, the operation of any project or scheme financed from the MMC Fund (Section 17 (2)(b)), it also guarantees that the Council is accountable to the public and, not beholden to further political and business expediency, respectively.

Our Concerns

Our key concerns remain about the problematic provisions in the MMC Bill that would undermine its ability to carry out its role as an independent Council that serves the public interest. This is due to:

1. The inclusion of Government representatives in the Board

The inclusion of two representatives of government appointed by the Minister in the Board of the MMC with complete voting and decision-making powers goes against the objective and purpose of a self-regulatory body and undermines its independence. Despite having two (2) persons appointed to the Board, the disproportionate power wielded by the government would potentially lead to government interference in the decisions of the Board;  affecting the media industry and public interest. It would threaten the essence of democracy and inhibit the MMC from carrying out its original function and intent of ‘promoting media independence’ (Section 5(1)(b)) and meeting the public interest effectively.

2. The requirement of seeking approval from the Minister when receiving grants from foreign entities

The Independence of the MMC Fund is also at risk  due to the requirement to seek approval from the Minister when receiving grants from foreign entities (Section 17(5)).

3. Absence of a commitment to amend or repeal laws that restrict media freedom and freedom of expression

Aside from the provision under Section 5(1)(e) on the functions of the MMC “to suggest any reforms to laws relating to media independence”, the current Bill has completely overlooked the recommendation of the Protem Committee to repeal the Printing Presses and Publication Act 1984 and Section 211 and 233 of the Communications and Multimedia Act (CMA) 1998. Further, the recent amendments to the CMA passed on 9 December 2024 raise serious concerns about its impact on media, especially considering the Malaysian Communications and Multimedia Commission’s (MCMC) extensive powers to access communications data, potentially including information on journalists’ sources.

Recommendations

Taking into account the concerns mentioned above, we recommend the following to strengthen the MMC as a democratic institution that is empowered to carry out its role effectively:

1. To remove the inclusion of government representatives in the Board of the MMC to ensure that the MMC remains an independent body. It is also critical that the MMC Fund remain independent and the requirement to seek the ‘approval’ of the Minister be replaced with a requirement to only ‘notify’ the ‘Minister’, especially through an annual audited report;
2. To commit to a complete reform of the archaic and repressive laws which undermine media freedom in Malaysia, including repealing the Printing Presses and Publications Act (PPPA) 1984, and Section 233 and the other draconian amendments to the Communications and Multimedia Act (CMA) 1998. An urgent review to repeal or amend the Official Secrets Act 1972, the Sedition Act 1948, Section 203A of the Penal Code and the Whistleblower Protection Act 2010 that prevents whistleblowers from sharing evidence with the media without losing their protection must also be undertaken. The MMC’s role will be enhanced by proceeding with this reform and existing draconian laws will not obstruct this body from protecting media freedom.

Conclusion

The MMC Bill must be amended before the second reading in Parliament to ensure it conforms to its general objective and purpose – the commitment to upholding the highest ethical standards in reporting and 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