The following is a draft of the Media Council Act, as prepared by a working group of media publishers, in response to the government’s call for self-regulation of the media industry.

Recognizing that freedom of the media is protected by the Federal Constitution and Article 19 of the Universal Declaration of Human Rights 1948
Acknowledging the importance of journalists and the media in creating a more just society,
Aware of the dangers of abuse of the mass media for disinformation,
Committed to improving the standards of journalism in Malaysia
Desirous of allowing the media to regulate itself as far as practicable

It is hereby enacted by the Parliament of Malaysia as follows:-

Long Title

An Act to provide for the establishment of the Media Council of Malaysia, to set out the powers and functions of such Council to enhance the independence and freedom of journalists and the media, the improvement of standards of journalism, to provide for self-regulation by the media, and to provide for matters connected or incidental to the same.

1. Short title and commencement

(1) This Act may be cited as the Media Council of Malaysia Act 2019

(2) This Act shall come into operation on [effective date] .

(3) This Act applies throughout Malaysia.

2. Interpretation

In this Act, unless the context otherwise requires-

“Council” means the Media Council of Malaysia established under Section 4;

“Chairperson” means the Chairperson of the Council and includes the Vice-chairperson when acting as the Chairperson;

“Exco” or “Executive Committee” means the Executive Committee of the Council elected pursuant to section …

“Member” means a member of the Council, and includes Chairperson or an alternate member when substituting for a non-alternate member;

“public member” means a member of the public with no link (direct or indirect) to the media;

“editor” means a journalist who holds a position as editor in a news organisation and exercises primarily editorial functions as such, and includes a chief editor or editor in chief;

“media” and “media industry” includes the following;

a) “newspaper” means a news organisation that publishes reading materials on a daily or periodically;

b) “online media” means a news organisation that publishes reading materials on a daily basis periodically through the medium of computer network or internet;

c) “news agencies” means domestically incorporated and owned news organisations for the purpose of collating and dissemination of news, information, photographs and videos;

d) “working journalist” is a person who works in the media industry as defined here, on a permanent basis, receives his remuneration on a regular basis and who’s employment is primarily related to editorial functions.

e) “producer” means the person holding the position in a broadcast station and functions as such.

f) “broadcast station” means radio or television station that broadcast for public hearing or viewing.

“blog” means online sites that allow individuals to regularly share ideas, news, commentaries, gossip, and analyses on various topics.

“blogger” is considered as a person who runs a blog and engages in overall running of the blog who is recognised as such by the Council upon subscribing to the code of conduct set out by this Council

“media associations” means any non-profit entity, trade union or society representing the interests of the media

“Secretary” means the secretary of the Council, and includes an acting secretary

Part I - The Council

3. Establishment of the Council

There is hereby established a Council which shall be known as Media Council of Malaysia

The Council shall be a body corporate having perpetual succession and a common seal

The Council may sue and be sued in its corporate name

Subject to and for the purpose of this Act, the Council may, upon such terms as the Council deems fit:

enter into contracts;
acquire, purchase, take, lease, hold, sell and enjoy movable and immovable property of every description and interest in such property vested in the Council; and
convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest in such property vested in the Council.

4. Common Seal

The Council shall have a common seal which shall bear such device as the Council shall approve and such seal may be broken, changed, altered or made anew as the Council thinks fit.

The common seal shall be kept in the custody of the Secretary to the Council or such other person as may be authorized by the Council and shall be authenticated by the Secretary or such authorized person or by any officer authorized by the Secretary or such authorized person in writing.

All deeds, documents and other instruments purporting to be sealed with the common seal, authenticated as specified in subsection (2) shall until the contrary is proved, be deemed to have been validly executed.

The common seal of the Council shall be officially and judicially noticed.

5. Functions of the Media Council

The Council shall have the following functions:

To maintain the highest standards of journalism
To preserve the freedom of the media in Malaysia and abroad in accordance with Article 19 of the Universal Declaration of Human Rights;
To consider, investigate, and mediate complaints in relation to the media including complaints about the conduct of the print, broadcast and online media and the conduct of persons employed by the print, broadcast and online media in relation to the public;
To protect the independence of journalists and the media, and to take all action reasonably necessary to protect journalists, media organisations and the media generally from attacks against their independence;
To establish a code of conduct for newspapers, news agencies and broadcasting and online media and journalists in accordance with the highest professional standards of journalism, and to educate journalists and members of the public on this code of conduct;
To ensure on the part of newspapers, news agencies, and broadcasting and journalists, the maintenance of high standards of journalism, good taste and to foster a due sense of both the rights and responsibilities of journalism
To review and make recommendations on developments that will have an impact on the work of the media in disseminating information in the public interest;
To make representations concerning the freedom of the media to governments or any public authority, in public inquiries, as amicus curiae in any Court or other tribunal, and to any other entity or forum.
To study, issue reports and make recommendations regarding any aspect of the media industry including with regard to the ownership of media organisations or on any other matter which may affect the independence of the Media;
To do such other acts as may be incidental or conducive to the discharge of the above functions.
To accredit the members of Media.

Part 2 – Members of the Council

6. Membership of the Council

(1) All members of the media industry shall be entitled to become a member of the Media Council in accordance with the categories set out in sub-section (2).

(2) The categories of membership shall be as follows:

One category consisting of publishers and owners of print, online and broadcast media
One category consisting of media associations
One category consisting of working journalists

(3) The founding members of the Council shall be the publishers and owners, media associations and independent journalists whose names are set out in the Schedule.

7. Composition of the Executive Committee of Council

(1) The Executive Committee of the Council shall consist of twenty four (24) persons.

(2) The members of the Executive Committee shall be appointed in accordance with the procedure set out in section 9 below.

8. Chair of the Council

There shall be a Chairperson of the Council, appointed by the Executive Committee, who shall be a person deemed suitable by the Council, and who is not a member of a political party or the government.

The Chairperson shall be deemed to be an additional member of the Executive Committee and shall have a casting vote in all deliberations of the Executive Committee.

9. Election of Members of the Executive Committee

The members of each category shall elect the members of the Executive Council as follows:

The members of the Council in category (a) of section 6(2) shall elect 12 Exco members of which at least 3 shall we from members in Sabah and Sarawak
The members of the Council in category (b) of section 6(2) shall elect 4 Exco members of whom at least 1 shall be a member of a trade union of journalists
The members of the Council in category (c) of section 6(2) shall elect 4 Exco members from amongst working journalists, of which at least 1 shall we from members in Sabah and Sarawak, provided that no working journalist who owns, or carries on the business of management of any media company shall be eligible for election under this clause
The 20 Exco members elected via clauses (a), (b) and (c) above shall invite organisations and institutions that are deemed to reflect public interest to nominate a further 4 individuals to the Exco.

(2) For the purposes of the elections in sub-section (1),

each category should elect Exco members to ensure a fair representation of media organizations from the different languages in which media is published in Malaysia, and
the persons elected under each sub-section shall be such that not more than one person having an interest in or employed by any media organization, media association or group of media organizations shall be elected to the Exco.

10. Tenure of office

The Chairperson and other members of the Executive Committee shall hold office for a period of three years. Provided that the Chairperson shall continue to hold such office until the Executive Committee is reconstituted in accordance with the provisions of Section 9 for a period of six months whichever is earlier.

Where a person elected as a member of the Exco is censured under the provisions of subsection (1) of section …., he shall cease to be a member of the Council.

A member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council

The Chairperson may resign his office by giving notice in writing to the Federal Government, and any other member may resign his office by giving notice to the Chairperson, and upon such resignation being accepted by the Federal Government or as the case may be, the Chairperson, the Chairperson or the member shall be deemed to have vacated his office.

Any vacancy arising under sub-section (2), sub-section (3), sub-section (4), or sub-section (5) or otherwise shall be filled, as soon as may be, by nomination in the same manner in which the member vacating office was nominated and the member so nominated shall hold office for the remaining period in which the member in whose place he is nominated would have held office.

A retiring member shall be eligible for re-nomination for not more than one term.

11. Conditions of service of members

The Chairperson shall be a full-time officer and shall be paid such salary as the Council deems fit.

The other members of the Exco shall receive such allowances or fees for attending meetings of the Council as may be prescribed.

12. Sub-Committees of the Exco

The Exco may constitute from among its members such committees for general or special purposes as it may deem necessary and every committee so constituted shall perform such functions as are assigned to it by the Exco.

The Exco shall have the power to co-opt as members of any committee constituted under sub-section (1) such other number of persons, not being members of the council, as it thinks fit.

Any such member shall have the right to attend any meeting of the Committee on which he is co-opted and to take part in the discussions thereof, but shall not have the right to vote and shall not be a member for any other purpose.

13. General Meeting of the Council

The Exco shall each year convene an annual general meeting of the Council.

The Exco shall cause to be prepared and presented to the annual general meeting:

a report on the activities of the Council during its term of office; and
proper accounts, duly audited, of all funds, property and assets of the Council for the twelve months ending on the 31st day of December immediately preceding such annual general meeting.

(3) Notice of an annual general meeting of the Council shall be sent to members, in such manner as the Exco may determine, not less than fourteen days before the date of the meeting. Provided that the period of not less than fourteen days shall not apply in the case of an annual general meeting that is adjourned pursuant to subsection (5).

(4) The quorum for an annual general meeting shall be … members of the Council; and no business shall be transacted at any annual general meeting unless a quorum is present when the meeting proceeds to business.

(5) If a quorum referred to in subsection (4) is not present within one hour from the time appointed for holding the meeting, the meeting shall be adjourned to the following day at the same time and place unless otherwise notified to the members by the Exco in the notice convening the original meeting; and if at such adjourned annual general meeting a quorum is not present within one hour from the time appointed for holding the adjourned meeting, the members present shall constitute a quorum.

(6) If any member desires to propose any motion to be considered at an annual general meeting convened under this section, he shall, not less than seven days before the date first appointed for holding the meeting, serve on the Secretary of the Council a notice of such motion in writing.

(7) The Exco may convene from time to time extraordinary general meetings of the Council as it deems fit, or on the requisition of at least 12 members of the Council.

14. Meetings of the Council and Committees.

The Exco or any committee thereof shall meet at such times and shall observe such rules of procedures in regards to the transaction of business at its meeting as may be provided by regulations made under this Act.

No act or proceeding of the Exco shall be deemed to be invalid by reason merely of the existence of any vacancy in, or any defect in the constitution of the Exco.

15. Staff of the Council

(1) The Exco may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act.

(2) The terms and conditions of service of the employees shall be such as may be determined by regulation.

16. Authentication of orders and other instruments of the Council

All orders and decisions of the Council shall be authenticated by the signature of the Chairperson or any other member authorised by the Exco in this behalf and other instruments issued by the Council shall be authenticated by the signature of the secretary or any other officer of the Council authorised in like manner of this behalf.

Part 3 – Code of Conduct

17. Creation of Code of Conduct

The Exco shall prescribe a Code of Conduct for the media industry. The Code of Conduct and any amendments thereto shall be laid before a general meeting of the Council, and the Exco shall be obliged to seek the views of the membership of the Council before prescribing the Code of Conduct.

A breach of the Code of Conduct shall constitute professional misconduct.

Part 4 – Dispute Resolution Mechanisms

18. Power to censure

Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper, news agencies or broadcasting stations or online media, has offended against the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct, or broadcasting stations, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations and, if it is satisfied that it is necessary to do, may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the broadcasting station, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be;

Provided that the Council may not take cognizance of a complaint if in the opinion of the Chairman, there is no sufficient ground for holding an inquiry.

If the Council is of the opinion that it is necessary or expedient in the public interest so to do, it may require any newspaper to publish therein in such manner as the Council may think fit, any particulars relating to any inquiry under this section against a newspaper or news agency, broadcasting station, an editor or a journalist working therein, including the name of such newspaper, news agency, broadcasting station, online media, editor or journalist.

Nothing in sub-section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law.

19. Mediation of disputes

The Council may appoint a mediator to attempt to facilitate a settlement of the dispute by way between the parties to the dispute.

The mediation process shall be voluntary and shall be conducted in accordance with Mediation Act 2012 and the procedure AIAC (Asian International Arbitration Centre) Mediation Rules

Part 5 – General

20. Fund of the Council

(1) The Council shall have its own fund; and fees collected by it, and all grants made to it, by any other authorities, persons or foundations, shall be credited to the Fund and all payments by the Council shall be made there from.

(2) All monies belonging to the Fund shall be deposited in such banks or invested in such manner as may be decided by the Council.

(3) The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sum shall be treated as expenditure payable out of the Fund of Council.

Budget: The Council shall prepare once every year and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Federal Government.
Annual Report: The Council shall prepare once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year, and giving an account of the standards of newspapers, news agencies and broadcasting stations and factors affecting them, and copies thereof together with the statement of accounts audited in the manner prescribed under Section 21 and shall be laid before Parliament.
Interim Report: The Council may prepare at any time during the course of the year, a report giving a summary of such of its activities during the year as it considers to be of public importance and copies thereof be laid before Parliament.
Accounts and Audit: The accounts of the Council shall be maintained and audited in such manner as may. In consultation with the Auditor General of Malaysia, be prescribed.

21. Application of Act 240

The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Commission.

22. Members

(1) No action, suit, prosecution or proceeding shall be instituted in any court against

the Council or against any member, officer, or servant of the Council in respect of any act, neglect or default done or committed by him in such capacity provided that he at the time had carried out his functions in good faith;
any editor, journalist or media organisation in respect of the publication of any matter under the authority of the Council.

(2) No member, officer or servant of the Council shall be required to produce in any court, any document received by, or to disclose to any court, any matter or thing coming to the notice of the Council in the course of any inquiry conducted by the Council under this Act.

(3) No action or proceeding, civil or criminal shall be instituted in any court against any member of the Council in respect of any report made by the Council under this Act or against any other person in respect of the publication by such person of a substantially true account of such report.

23. Power to make rules

(5) The Council may, after consultation with the Exco, by notification in the Gazette, make rules to carry out the purposes of this Act.

(6) Every rule made under this section shall be laid, as soon as it may be after it is made, before each House of Parliament.

24. Power to make regulations.

(1) The Exco may make regulations not inconsistent with this Act and the rules made thereunder, for:

regulating the meetings of the Exco, the Council or any sub-committee thereof and the procedure for conducting the business thereat,
Specifying the terms and conditions of service of the employees of the Council;
regulating the manner of holding any inquiry under this Act;
delegating to the Chairman or the Secretary of the Council, subject to such conditions as it may think fit to impose, any of its powers under sub-section (3) of Section 18.
Any other matter for which provision may be made by regulations under this Act.

25. Repeal

The Printing Presses and Publications Act 1984 and Section 211 and 233 of the Communications and Multimedia Act 1998 shall, from the commencement of this Act, cease to have effect and shall be deemed to be repealed.

END