KUALA LUMPUR, Dec 31 — Malaysia is set to form its first media council next year, just over half a century after its second prime minister, the late Tun Abdul Razak Hussein, first mooted one in 1974.
Press groups and journalists have been pushing for an independent and self-regulating media council for decades, to replace the Printing Presses and Publication Act 1984.
In 2019, the Pakatan Harapan government then provisionally agreed to establish the Malaysian Media Council and in January 2020, a 17-member pro-tem committee was formed to discuss and scrutinise the draft Bill to formalise the body.
The Bill was finally approved by the Cabinet earlier this month and was subsequently tabled by Deputy Communications Minister Teo Nie Ching on December 12.
It is expected to be tabled for second reading in February 2025.
Who will be part of the media council?
According to the Bill, the media council will consist of members from three different categories:
(a) media companies (publisher or senior management)
(b) media associations (members, media practitioners and independent media practitioners)
(c) non-media members (academicians, media trainers, NGOs and the public)
The Bill defines media practitioners as employees of a media company that include journalists, editors, photographers, videographers, graphic designers, and others involved in the creation, production and dissemination of content for that company.
Independent media practitioners include non-employees producing news content for a media company or those publishing news content and commentaries which are hosted on online media.
The Bill does not consider the advertising industry, online service providers, and entities that aggregate or reproduce news from other sources as part of the media industry.
Who will run the council and how will they be appointed?
Under Section 8 of the Bill, the media council is to be managed by a board that consists of:
- a chairman
- two government representatives (nominated by the communications minister)
- four members representing media companies
- four members representing media associations
- four non-media members
- six members that may be appointed by the aforementioned members to ensure equal representation from the aspects of gender, locality and diversity of media by the languages and the formats
The chairman must not be a member of any legislature, or anyone actively involved in politics or registered with any political party or a civil servant.
Representatives from categories (c), (d) and (e) must include at least one female member and one representative from Sabah or Sarawak.
Additionally, a media company that has shared ownership with other media companies can only have one representative on the board.
All board members, including the chairman, will hold office for a maximum of two years and may be reappointed for another two-year term. Under Subsection (6) of Section 10, those who have served as board members for four years consecutively will be eligible for re-election after a two-year hiatus.
However, the First Schedule allows the communications minister to appoint a founding board, comprising four members each from media companies, media associations, and non-media.
The founding board will be responsible for holding the council’s first general meeting (within six months of the founding boards’ appointment) and oversee the nomination and election of the council’s new board.
What can the council do?
Sections 5 and 6 of the Bill empowers the Malaysian Media Council to establish a code of conduct for media practitioners and suggest reforms to laws relating to media independence, among others.
The council is also required to establish, manage and maintain a database of all media practitioners for the purpose of collecting data and statistics.
Section 15 allows the council to set up a grievance mechanism, which will include processes and procedures for a complaint and dispute resolution systems. The council can conduct inquiry on any complaint or information received against media practitioners and independent media practitioners through the grievance mechanism.
Section 21 empowers the council to issue guidelines, directives, circulars, standards and notices binding on all members. Section 16 also allows it to take disciplinary actions against members who breach these or those alleged to have committed a misconduct as stipulated in the council’s code of conduct, guideline, instruction or circular.
The disciplinary offences, procedures and penalties are to be determined by a resolution of a simple majority of votes by members voting at the general meeting.
Section 17(4) also bars the council from receiving foreign funding, except if it is approved by the communications minister for promoting awareness and providing education in relation to the media industry.
Are press groups and activists happy?
Ten press groups and civil society organisations have welcomed the multi-stakeholder membership as well as provisions to ensure inclusivity and gender equality in the council’s board and keeping the chairman’s appointment non-political.
They include the Centre for Independent Journalism (CIJ), Gerakan Media Merdeka (Geramm), Sinar Project, Sisters In Islam (SIS), Justice For Sisters (JFS), Suara Rakyat Malaysia (Suaram), Article 19, Freedom Film Network, Amnesty International Malaysia and KRYSS Network.
The groups also support the government’s proposal for the council to set up a grievance mechanism and an independent Malaysian Media Council Fund.
However, they oppose having government representatives on board and needing the communication minister’s approval to receive foreign funds, saying these requirements would undermine the council’s independence.
They also reiterated calls to repeal the Printing Presses and Publications Act and Sections 211 and 233 of the Communications and Multimedia Act (CMA) 1998 to enhance the media council’s role.
