KINIGUIDE | The maelstrom The Star currently finds itself in over its controversial front page on May 27, has reignited concerns that government reprisals are undermining the press freedom in Malaysia.

Accused of portraying Muslims as terrorists, the English daily has been accused of sedition and inciting religious disharmony, and faces the possibility of having their printing license revoked - a notion which critics say would be an overreaction by the government.

This has revived calls for the media to police itself, instead of having the government watching over it.

What is media self-regulation?

Media self-regulation is a mechanism by which an independent body that includes the press itself, governs the news industry through adherence to a code of ethics.

These governing bodies will then taken action any news organisation or journalist who violates the code.

This is widely practiced in the West while closer to home, countries such as Indonesia, Myanmar, India and Hong Kong have formed press councils to fulfill this role.

What is a press council?

Typically formed voluntarily, although sometimes a creature of law, a press council largely consists of journalists, editors, and publishers, with some countries placing public figures or legal experts among the council members.

In India, the press council - enacted by Parliament - has five lawmakers among its 28 members.

While most press councils are independent bodies, some may not be entirely free.

One example is Nepal's press council, which has been criticised due to its members being appointed by the government.

Meanwhile, Denmark's press council is a body founded under the Justice Ministry.

Generally, the press council has authority over all press in the country, but sometimes TV and radio journalists are not covered in some countries with separate laws governing broadcasters.

Operations are funded by membership fees from various media unions and associations, but in some countries such as Germany, the council gets an annual allocation from the government.

How is the ethics code enforced?

The press ethics code varies from country to country, but has several basic tenets such as fair and accurate reporting, protecting privacy, ensuring the right to reply, and not publishing material that may incite racial or religious prejudice.

If the code is violated and attempts to deal with the media house directly fails, a complaint can then be lodged against the offending media organisation for the press council to act upon.

While most press councils take complaints directly, some countries such as Ireland and Sweden, have a press ombudsman who will try to mediate between the complainant and media first, before bringing the matter to the council.

What kind of action can be taken?

If a complaint that the press has violated its ethics codes is found to be valid, press councils generally have a few options.

They range from ordering the offending publication to publish the complainants right to reply, a correction or an apology, or issuing a reprimand that the offender must publish prominently.

Sweden's press council also has the additional power to issue an administrative fine for serious breaches of conduct.

Can legal action be pursued?

Independent press councils do not have authority to initiate legal action, but most do not bar complainants from taking the matter to court after a ruling is made.

However in New Zealand, complainants are required to provide a written undertaking that they won't pursue or continue legal action.

In some countries such as India, the press council can't review a complaint if a lawsuit has already been initiated.

Indonesia has the further provision that council can't look into a complaint if a police report has been lodged.

This instalment of KiniGuide is compiled by Zikri Kamarulzaman.