Broadcasting Code of Conduct

Australia vs Malaysia
Broadcasting
Definition
• Broadcasting is a practice of creating audio and video
program content and distributing it to the mass audiences of
radio, television and Internet media.

• To broadcast is to send entertainment and information via

one-way electronic media to the general public.

• Broadcasts are usually intended for recreation, enlightenment,

education, experimentation or emergency messaging
 Broadcasting Services Act 1992
Australian Communications and Media Authority
Code of Conduct - AUSTRALIA
SECTION 1 - INTRODUCTION
The Code is intended to:
Regulate the content of commercial television in accordance with current
community standards;
To Ensure that viewers are assisted in making informed choices about their
own and their children’s television viewing.
To provide uniform, speedy and effective procedures for the handling of
viewer complaints about matters covered by the Code
It can be subject to periodic public review of its relevance and effectiveness
2. Classification
Classification is used to help to divide the broadcast
videos according to the time which are based on majority
audience of the time viewing the TV broadcast.

3. Disclosure of Commercial Arrangements

If a Factual Program endorses or features a third party’s
products or services in accordance with a Commercial
Arrangement, the Licensee must bring this to the attention of
viewers in accordance.
4. Disclosure of Commercial Arrangements
If a Factual Program endorses or features a third party’s
products or services in accordance with a Commercial
Arrangement, the Licensee must bring this to the attention of
viewers in accordance

5. Advertising Limits
The rules in this section operate subject to other regulatory
obligations placed on licensees.

6. Advertising restrictions
In this Section, Commercials include information within
Programs or segments of Programs for which Licensees
receive payment or other valuable consideration (excluding
the free/discounted provision of products or services).
7. Feedback and Complaints
Licensees welcome feedback from viewers at all times.
Feedback is an informal way for viewers to communicate their
views to a Licensee and can be provided via a number of
methods, including by telephone, via social media or by letter.
Feedback is distinguished from a Code Complaint, which is a
formal complaint made about a matter covered by this Code
of Practice, and which must satisfy the criteria set out which
fulfills the criteria for the code of complaint.
Case Studies
Case Study 1 - Australia

Section 2 is intended to ensure TV

commercial is all open to all Australians
which provided a high diversity range of
entertainment and information to wide
viewers which is broadcasting are divided
to classification zones which are based on
majority audience of the time viewing.
Materials of the particular Classification
can only be broadcast on that particular
zone.
Section 2 Classification Zones
Case Study 2 - Australia

Lange v Australian Broadcasting Corporation (1997) 189

CLR 520 is a High Court of Australia

The plaintiff, David Lange, who was the New Zealand Prime
Minister, was the subject of a report on the Australian
Broadcasting Corporation (ABC) current affairs program Four
Corners. He brought defamation proceedings in respect of
that broadcast.

Australia Broadcasting Corporation breeched the law in

Section 3.3 where Australian Broadcasting Corporation
defamed David Lange due to factual material are not accurate
which causes defamatory imputations.
Case Study 3 - Australia

In Section 6, Australia for Gambling and Betting Promotions are

legally broadcasted (Horse racing, hound racing, sports and etc.)

Betting is sports will not be breeched as long it does not breech

code 6.5 Commercials Relating to Betting or Gambling because it's
a PG classified commercial.

A Commercial relating to betting or gambling must not be broadcast

in any Program classified G or lower between:
• 6.00 am and 8.30 am; and
• 4.00 pm and 7.00 pm; and
• during any Program that is broadcast between 5.00 am and 8.30 pm
and principally directed to Children.
Introduction-Malaysia
• MALAYSIA
• The first private TV – TV3
• - Followed by three more terrestrial private TV - NTV7, Channel 9
and 8TV.
• - NTV7 was consolidated under the wing of Media Prima, the
biggest media player in Malaysia which controls TV3, Channel 9 and
8TV.
• ASTRO was given a 20 year exclusive right to broadcast
commercial satellite TV programs in Malaysia.
Malaysia Broadcasting
Malaysia legal system
• Common law system

- The Constitution of Malaysia sets out the legal framework and

rights of Malaysian citizens.

- Federal laws enacted by the Parliament of Malaysia.

- State laws enacted by the State Legislative Assemblies.

- Provides a unique dual justice system, the secular laws (criminal

and civil) and sharia laws.
Malaysia Lisenses
• Licenses granted by Malaysian Communications and Multimedia
Commission (MCMC).

• The Communications and Multimedia Act 1998 (CMA) regulates

content related services operating in Malaysia.

• Content application service providers supplying content that:

(a) is made available to the general public and is likely to be of

broad appeal; and

(b) can be received by commonly available consumer equipment or

likely to exert a high degree of influence.
Continue

• Content of news and current affairs programmes is

presented accurately, fairly and objectively.

• News - in line with the government’s principles.

• Material received from foreign countries - not contradict

national foreign policies.
Continue

Section 211 of the CMA prohibits content which is :

• Indecent content
• Obscene content
• Violence
• Menacing content
• Bad language
• False content
Malaysia Clasfication
U : For broad general audience and is suitable for viewers of all ages.

PG-13 : Parental guidance is required when allowing children under 13 to view this
programme.

18SG (Graphic Violence and Horror/Terror) - Film may contain strong violence, gore or
horror/terror people may find objectionable.

18SX ("Sexual Content) - Film may contain sex scenes, nudity or sexual
dialogue/references people may find objectionable.

18PA (Strong Religious or Political Elements) - Film may contain elements which include
religious, social or political aspects people may find objectionable. (Rarely used.)

18PL (Various) - Film may contain strong violence, gore, horror/terror, sex scenes, nudity,
sexual dialogues/references, religious, social or political aspects people may find
objectionable. (The majority of the 18+ movies use this rating. For example, a film with
sex scenes and strong violence will be classified as 18PL.)
Case Studies
Censorship in Malaysia
• Bad language
Song that sing by Lady Gaga,Bad Romance, the word "bitch" is censored.
The music video is released with the word censored on Astro Hitz.

• Obscene content
Song that sing by Lady Gaga,Lovegame, the words "sex" and "ass" are
censored. The music video is released with the word and some of the
sexual scenes censored on Astro Hitz.

• Menancing content
On 1 May 2012, the BBC reported about a rally which demanded electoral
reform named "Bersih 3.0" was held in Kuala Lumpur but however the video
posted on YouTube, some short interviews with two demonstrators were
removed from the news clip. During the next day Astro admitted to
censoring the BBC's Bersih 3.0 coverage but expressed their
disappointment with the world-renowned news agency for failing to
understand their intention to "comply with local rules".
Differences and Similarities
 Country Australia Malaysia

Malaysian
Australian
Media Regulatory Communications and
Communication and
Authority Multimedia Commission
Media Authority (ACMA)
(MCMC)

U and PG-14 – Can be

G 6.00 a.m. - 8.30 a.m. shown any time of day
PG 8.30 a.m - 12 noon
M 12.00 noon - 3.00 p.m. PG-18 – Can be shown
Scheduling G 4.00 p.m. - 5.00 p.m. any time after 7.30 p.m
PG 5.00 p.m. - 8.30 p.m.
MA 9.00 p.m. - 5.00 a.m. 18 – Can only be shown
after 10.00 p.m
 ACMA plans the
Broadcasting services
broadcasting services
Forms of media which (including free-to-air TV,
bands for community,
can only be supplied by subscription TV, radio
commercial and national
goverment license and satellite) require
radio and television
individual licences
services.

Forms of media that may

be supplied without a
government license None None

Advertising Limits Yes None

Conclusion

• Australia have to change the scheduling

time due to inefficiency of effectiveness
towards the classification section.
Therefore Australia should change their
scheduling time to prevent breeching of
section 2.6 (Material not suitable for
broadcast)
• Malaysia should apply accuracy and
affairness that is applied from Australian
Broadcasting Code of Conduct because
showing false content may cause a lost of
direction to the audience and trust towards
the broadcasted media.