MCMC, RTM should be independent, says report

Summary

• A report calls for the independence of the Malaysian Communications and Multimedia Commission and Radio Televisyen Malaysia as their lack of independence from the government violates international standards.

• Despite MCMC’s extensive powers, it is not in charge of the licensing of platforms, the report notes.

• Public broadcasting services like RTM should have editorial freedom, it adds.

A report has called for the independence of the Malaysian Communications and Multimedia Commission (MCMC) as well as the national broadcaster Radio Televisyen Malaysia (RTM).

According to the “Media Law Reform Blueprint”, MCMC violates international standards due to the communications minister’s control over the commission.

The report, released by Canadian NGO Centre for Law and Democracy yesterday, pointed out that the minister has the power to appoint MCMC’s chairperson, all members of the commission, three members representing the government, and two to five other members.

Although each member’s tenure is two years, they can be reappointed for five terms, the report said.

“This is almost the opposite of a more stable, democratic arrangement (which might envisage two terms of five years), and almost seems designed to ensure that members do not displease the appointing authority (the minister),” it added.

However, it pointed out that the MCMC is not in charge of licensing social media platforms under the Communications and Multimedia Act (CMA) 1998.

“It just makes recommendations to the minister regarding individual licences, although the minister must have ‘due regard’ to any such recommendation before making a decision (sections 29 and 30),” it said.

This has led to the report recommending the amendment of the MCMC Act so that the commission can function independently.

The CMA should be amended as well so that key regulatory powers are placed under the MCMC, it added.

No govt influence

Similarly, it said public broadcasters should be free of government influence.

It cited Paragraph 16 of the United Nations Human Rights Committee’s General Comment No 34, which said that state parties must ensure public broadcasting services' independence and editorial freedom.

It went on to refer to a reason for this provided by the Ghana Supreme Court stating that state-owned media belong to an entire community and not just the state or government.

“If such national assets were to become the mouthpiece of any one or combination of the parties vying for power, democracy would be no more than a sham,” the court said.

As with the MCMC, the report recommended the enactment of a separate legislation for RTM and for it to have an independent board of governors.

The report, which comprises a desk review of documents and interactions with stakeholders, further recommended the amendment of Article 10 of the Federal Constitution to bring it in line with international human rights standards.

Article 10 provides Malaysians with the right to freedom of expression, among others.

“(But) it only refers to the expressive aspect of freedom of expression and not the important companion elements of the right to seek and receive information and ideas,” the report noted.

The constitutional right should also specify the restrictions based on tests of necessity, it added.

Repeal PPPA

The report also called on the government to repeal the Printing Presses and Publications Act 1984 (PPPA).

It said the least the government could do is to ensure the Act’s regulatory powers are undertaken by an independent regulatory body instead of the home minister.

The report also touched on the Media Council Bill, saying that the council should not handle the complaints system against media practitioners. Instead, a complaints body should be dealing with such grievances.

Complaints should not be filed against individual journalists but instead directed against news companies, it added.

The system should be the first step to handle any disputes instead of the court, it said, adding that the court system could follow if the complainant remains unsatisfied.

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