Guidelines for Online Curated Content Service Providers Published
08 January 2024
The Communications and Multimedia Content Forum of Malaysia has recently published the
Guidelines for Online Curated Content Service Providers (“
OCC Guidelines”) on its website. The OCC Guidelines were published with the aim of setting out the best practices and general standards to be observed by online curated content service providers (“
Service Providers”), but is not intended to be legally binding on Service Providers.
A summary of the salient provisions of the OCC Guidelines is set out below.
General Content Principles
The OCC Guidelines set out a number of general principles relating to content including, among others, that:
- Content must not contain extremist or anarchic messages, and must not undermine national or public interest, national or public security, or public order.
- Service Providers should be mindful of Malaysia’s multi-racial and multi-religious cultural landscape and content must not denigrate or be intended to offend the sensitivities of any racial or religious group.
- Service Providers should take reasonable efforts to improve the accessibility of content to persons with disabilities.
- Service Providers should ensure that due impartiality is observed in factual programmes dealing with matters of public policy or controversial issues of public importance.
- In news or factual programmes, the Malaysian government or its agencies are to be granted a right of reply or opportunity to respond to correct mistakes, wrongful reporting, or misrepresentations.
Consumer Safeguards
The OCC Guidelines recommend that Service Providers implement measures to appropriately inform consumers about content on their platform such as:
- Providing consumers with information regarding content they are about to watch, such as programme information, content ratings, content warnings and pre-roll advisory messages, particularly where sensitive themes or depictions are present in the content.
- Clearly and prominently displaying content ratings.
- For content rated P13 and above, displaying the key element(s) that have resulted in the particular rating, e.g. “Rated 18 for Strong Violence”.
- Incorporating features into the service which restrict access to content that is not intended for all audiences.
Content Advertising and Promotion
The OCC Guidelines recommend that Service Providers ensure advertisements do not contain any controversial or sensitive content, and that “tag-on” trailers are edited to an equivalent or lower content rating standard of the content to which it is attached.
Classification
The OCC Guidelines contain detailed classification guidelines to aid Service Providers in assigning appropriate ratings to content – the five ratings prescribed under the OCC Guidelines are as follows:
- U – General viewing
- P13 – Parental guidance for children below 13
- 16 – For ages 16 and above, no children below 16 years of age
- 18 – Mature 18, for ages 18 and above
- 21 – Restricted to persons aged 21 and above
Feedback Mechanism
Service Providers should provide consumers with a feedback/ complaints mechanism, as well as a help centre or a ‘frequently asked questions’ section on their website or app.
Comment
Whilst the OCC Guidelines do not have force of law, Service Providers are advised to take heed of the recommendations set out in the OCC Guidelines as compliance with the same may assist Service Providers in ensuring that their content is compliant with Malaysian laws and content standards.
Article by Beatrice Yew (Senior Associate) and Cheam Tat Sean (Associate) of Telecommunications, Media and Technology (TMT) Practice Group.
This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.