Media & Events

Changes in store for mobile biz with revision to Content Code

22 Jul 2012, The Sun Daily

PETALING JAYA (July 23, 2012): The second edition of the Malaysian Communications and Multimedia Content Code, which is expected to be finalised and registered with the Malaysian Communications and Multimedia Commission (MCMC) this year, will see amendments in the mobile arena, said Communications and Multimedia Content Forum of Malaysia (CMCF) executive director Mohd Mustaffa Fazil Mohd Abdan.

The Content Code is a set of industry guidelines on the usage and dissemination of content for public consumption by service providers in the communications and multimedia industry. It demonstrates a commitment toward self-regulation by the industry in compliance with the Communications and Multimedia Act 1998, which seeks to identify offensive and objectionable content while spelling out the obligations of content providers within the context of social values in the country.

Mohd Mustaffa told SunBiz the Content Code has been registered with MCMC from Sept 1, 2004 and a revision is nearing finalisation for public consultation. This second edition is being reviewed by 51 of CMCF's component members, the majority of whom are businesses.

"What the Content Code covers before has progressed and we find it necessary to update it to bring it to current times. We're fine-tuning it as we seek to open up further on the mobile arena.

"Traditionally, content matters have always been about broadcasting issues but there's been a decline. Instead, there's been a rise in issues related to new media with the proliferation of the online environment, which opens up the mobile business altogether," Mohd Mustaffa said in an interview.

He said content providers are using the mobile platform to reach out to customers through SMS, MMS and mobile online portals, reflecting greater business opportunity not just through advertising but the ability to market products directly to consumers.

"We're seeing a growing business from the mobile side and there's more content going through the mobile platform. Mobile content providers are also seeing a rise in consumers using mobile applications to connect with businesses and receive information.

"However, in the mobile arena, the majority of the issues are still about spam, scam and unsolicited messages such as receiving unwanted content via mobile devices."

CMCF will govern content in line with the Content Code. In terms of denigration of company names and products by competitors, there are redress mechanisms in the Content Code as well.

"CMCF has a complaints bureau where issues can be brought up and we're able to mediate, arbitrate and form a decision which carries a sanction and penalty. Overall, CMCF can be mobilised by the complaints we received from businesses or individuals and also when we do our monitoring."

Mohd Mustaffa also said most disputes between businesses revolve around consumer products, from liquid detergent to petroleum and is mostly related to product matters being advertised or claims made on products.

"Should there be a breach of the Content Code, CMCF has three sanctions, which are to order the removal of the offending content, stop the offending content or order a monetary fine of up to RM50,000," he said.

"RM50,000 may not be a huge sum to multinational corporations (MNCs), but the intangible losses could prove to be more detrimental. If a company loses its goodwill with customers, imagine the losses it will incur and the opportunity its competitors will have over it."

He added that the Content Code is a useful guide for individuals or businesses involved in the content arena.

"For the layperson, a breach of content means personal risk whereas for businesses it means revenue risk. This is so because profit or loss can be attributed to the quality and nature of the content.

"If left unchecked, (offensive) content may damage a company's reputation and ultimately affect the bottomline of the company. Such actions may also lead to global implications, especially for a MNC."

CMCF receives not more than five business-to-business disputes a year, and about 10 to 20 complaints from consumers on products through their advertising, while the rest are online-related complaints. On the other hand, CMCF receives enquiries from about five to 30 creative agencies a year on content matters.

"In terms of the subjectivity of content, there is tendency for content creators to push the envelope when they want to do something different. However, certain areas do have impact on local culture identity and social norms," he said, adding that some areas may not be covered in the Content Code or the Communications and Multimedia Act but it may come under other laws in Malaysia, such as the Penal Code.

"No business wants to be at the wrong end of compliance issues so it pays for them to be aware of existing laws. Everybody should be aware of the Content Code, it being a regulatory document. For businesses, it should be part of the compliance procedure," said Mohd Mustaffa.

He said CMCF's mandate is to educate and reach out to the masses by first informing consumers at large so that they know their rights when engaging the services of businesses.

"Consumers will then be able to discern if their rights are infringed when they access content. By empowering the masses, as well as through their complaints and feedback, we can translate this to the businesses out there."

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