Topic 10 Advertisement
INTRODUCTION
As a piece of work that will be published or
broadcast, the advertisement is
subject to various rules and regulations such as media
law, intellectual property
law, communications and multimedia law and by-laws
under the local authority.
Besides the rules enacted by the central and local
legislation bodies, advertising
practices are also monitored through the rules and
code outlined by the local
authority and the industry itself. This topic will
discuss a few rules related
directly to advertising activities. It covers Media
Law and Intellectual Property
Law. A few codes will also be explained, such as the
Advertising Practice Code,
the Advertising Code in the Broadcast Media and the
Content Code. This chapter
is divided into five subtopics, which are Advertising
Monitoring, Media
Regulation, Specific Rules, Local Authority Rules and
Advertising Ethics.
Topic 10 Advertisement
Rules and
Regulations
By the end of this topic, you will be able to:
1. Explain the different rules and regulations in
advertising;
2. Discuss provisions in the important acts related to
the media;
3. Clarify the concept of ethics and professional
responsibilities; and
4. Evaluate the issues related to the ethical
profession in the field of
advertising.
LEARNING OUTCOMES
SELF-CHECK 10.1
List the general criticisms frequently directed at advertisements
published in the print or electronic media. For each
criticism, think
of a way to defend it.
10.1 ADVERTISING MONITORING
The monitoring of advertising activities is carried
out only by the government
but by the industry, the public and organisations as
well. At the government
level, there are certain rules and regulations
enacted. At the industry level, there
are guides and advertising practice codes created by
advertising practitioners
themselves to ensure standards of professionalism are
adhered to. At the public
level, the monitoring is done by consumer associations
as well as individuals
who have the right to complain about any violation of
rules.
At the organisation level, the advertising and media
agencies will conduct self-
censorship of the advertisements that they think are
inappropriate for broadcast
or publication. Advertisement producers need to be
sensitive about their
advertisement work. All the rules are important not
only to protect the public
from unhealthy practiced but also to take care of
professional advertising
practices.
10.2 MEDIA REGULATION
Media regulation covers all the acts and laws enacted
to monitor mass media
activities and their practitioners. The advertising
activities or professions in the
media and communications field are subject to the
various mass media
regulations, for instance, the Copyright Act, et
cetera. For discussion purposes,
we will group the main media regulations into Media
Law and Intellectual
Property Law.
Figure 10.1: The monitoring levels
10.2.1 Media Law
Media Law refers to all the regulations that are
related to the media. The clauses
in this law has implications for the media field,
whether it is the practitioner,
organization, content or its process. Some of the main
media laws are:
Internal Security Act 1960 (Act 82)
Official Secrets Act 1972 (Act 88)
Sedition Act 1948 (Act 15)
Defamation Act 1957 (Act 286)
Printing Presses and Publications Act 1984 (Act 301)
Communications and Multimedia Act 1998 (Act 588)
The Internal Security Act 1960 (Act 82): This Act
provides security in the country,
preventive detention, prevention of subversive acts
and the eradication of
planned violence against the people and property.
Provisions under Chapter III,
Section 22, of this Act prohibit the printing, the
selling of documents and the
publication of elements that incite violence,
encourage the violation of the law,
develop the feeling of hatred among the races and
endanger the national interest.
Anyone involved in the offences stated in Section 22
will be regarded as having
committed the offence and if found guilty, will be
fined not more than
RM2,000.00 or imprisoned for not more than three years
or both.
In Section 29, it is stated that whoever disseminates
a circular, a sticker or a
document that contains the elements that incite
violence has committed an
offence. The same applies to an action that
disseminates a false report that causes
public anxiety.
(a) Official Secrets Act 1972 (Act 88)
The main purpose of this Act is to protect the secrets
of the government so
that they do not fall into the wrong hands. Under this
Act, a person is not
allowed to receive, keep, take out, transfer, publish,
copy, collect, record or
use fully or partially documents labelled as official
secrets without
permission. The official secrets in this Act are
defined as whatever letters or
information that are classified as „Top Secret‰,
„Secret‰, „Confidential‰ or
„Limited‰ by the Ministers or Chief Ministers.
(b) Sedition Act 1948 (Act 15)
The offences listed under this Act include the action
or attempt to to do any
act or utter any seditious words, print, publish,
sell, offer for sale, distribute
or reproduce any seditious publication; or import any
seditious publication.
Under this Act, a seditious tendency is a tendency to:
Create hatred or contempt or arouse feelings of
dislike or dissatisfaction
against the king, the government or the administration
of justice.
Promote feelings of ill-will and hostility between
different races or
classes of the population.
Question any matter, right, status, position,
privilege, sovereignty or
prerogative established or protected by the provisions
of Part III of the
Federal Constitution or Article 152, 153 or 181 of the
Federal Constitution.
(c) Defamation Act 1957 (Act 286)
Defamation Act is related to libel and slander laws. The
words referred to in
this Act include a reference to pictures, visual
images, gestures and other
methods of signifying meaning.
Defamation occurs when a person publishes words or
matter containing
untrue imputation against the reputation of another.
Generally speaking, if
the offensive material is published in a permanent
form, it is libel and if it is
published in a non-permanent form, it is slander.
(d) Printing Presses and Publications Act 1984 (Act
301)
This Act is created to supervise the use of printers
and printing, the
importing, reproduction, publishing and distribution
of published works.
The term ÂpublishingÊ in this Act refers to documents,
papers, books and
periodicals, printed or written material, or any forms
that portray words or
ideas and voice recordings.
(e) Communications and Multimedia Act 1998 (Act 588)
This Act has provisions to supervise the
communications and multimedia
industry. Some of the purposes of this Act are to:
Make Malaysia a centre and main focus of the world
in the
communications service and information service.
Encourage the society that uses services based on
information to
enhance work quality and the quality of life
continuously.
Increase the high level of confidence of consumers
in service providers.
Build and encourage local information sources and
the representation of
local culture that can illustrate national identity
and global diversity.
Encourage ability and efficiency in the combination
of industry in
Malaysia.
In this Act, communications is defined as „whatever
types of communications,
whether between one person and another, between one
thing and another or
between a person with a thing in the form of sound,
data, text, visual image,
signal or whatever forms or the combination of those
forms.‰ Content is defined
as „whatever sounds, texts, pictures, static pictures,
animated pictures or other
audiovisual presentation, touch presentation or
whatever combinations that can
be created, manipulated, kept, taken or conveyed
electronically.‰
Through this Act, the Malaysian Communications and
Multimedia Commission
was established. Among the tasks of this ommission is
to manage the application
of individual licences and class licences to carry out
activities in the
communications and multimedia industry. The Commission
also monitors
licence holders to see whether they are law-abiding. A
person who disobeys the
instructions of the ommission is regarded as
committing an offence and if found
guilty, the offender can be fined not more than
RM300,000 or imprisoned not
more than three years or both.
Another important task of the Commission is to
establish an industrial body to
become the Industrial Forum. One of the tasks of this
forum is to prepare a
voluntary industrial code or Content Code that becomes
the outline of the
professional practice. According to Section 99 (the
instruction to obey the
voluntary industrial code), it is not mandatory to
obey the voluntary industrial
code. However, obeying it can be a defence against any
accusations, actions and
court proceedings against a person. A person who
disobeys the voluntary
industrial code can be fined not more than RM200,000.
10.2.2 Intellectual Property Law
In Malaysia, Intellectual Property Law consists of a
few categories, which are:
Trademarks Act 1976
Patents Act 1983
Copyright Act 1987
Industrial Designs Act 1996
Geographical Indications Act 2000
Layout Design of Integrated Circuits Act
The implementation of the copyright protection system
is under the operations of
the Intellectual Property Corporation of Malaysia. The
patron is the Ministry of
Domestic Trade and Consumer Affairs. Malaysia is a
member of WIPO besides
being a member of two international copyright
conventions, which are the Paris
Convention 1883 and the Berne Convention 1986. The
Paris Convention provides
the standard protection for the patents, trade charges
and industrial designs
while the Bern Convention is related to the standards
of copyright protection.
Besides that, Malaysia is also a participany of the
Trade Related Aspects of
Intellectual Property Rights (TRIPs) agreement
administered under the World
Trade Organization that was enforced at the beginning
of year 1995. The purpose
of TRIPs is to reduce the gap between the standard of
protection and the
enforcement of intellectual property rights in the
world. Under this agreement,
the country members are responsible for preparing the
procedure that enables
the enforcement of intellectual property protection
and effective management. To
carry out such responsibility, Malaysia has enacted a
few new Acts, which are the
Layout Design of Integrated Circuits Act and the
Geographical Indications Act.
The government has amended other related Acts so that
they are in accord with
the provisions of the agreement.
Intellectual Property Law protects the rights holder
or owner of the property by
giving him/her the exclusive rights to use the work
for a stipulated period of
time. Besides that, they are given the rights to
prevent any forms of violation. The
period of rights will continue up till the period of
time stipulated by the law or
until the owner grants permission to another party.
The protection given by this
law can encourage human creativity and production as
well as healthy
competition in the field of works.
(a) Copyright Act 1987
The copyright is the legal right of an intellectual
property that becomes the
exclusive rights of its owner for a stipulated period
of time. The works will
get copyright protection automatically when a person
fulfils the following
conditions:
Enough effort is done to make the work original.
The work is written, recorded or made into a
material.
The creator is an eligible person, where the person
is a citizen or
resident and the work is first published in Malaysia.
Under Section 36(1) of the Copyright Act 1987, the
violation of copyright is
said to happen when someone does or causes someone
else to commit an
offence under the Act without the permission of the
copyright owner.
According to Section 41, the offences under the
copyright act are listed
below. The punishments for some of the offences are a
fine of not more
than RM10,000 for every violated copy or an
imprisonment of not more
than five years or both.
For some other offences, the fine is not more than
RM20,000 for every
violation copy or an imprisonment of not more than 10
years or both.
Another punishment for the offence is a fine of not
more than RM10,000 for
every design that is related to it or an imprisonment
of not more than 10
years or both. The punishments for the offence of
violating the
management rights are a fine of not more than
RM250,000 or an
imprisonment of not more than three years or both.
(b) Trademarks Act 1976
The protection for trademarks in Malaysia is in the
Trademarks Act 1976
and the Trademarks Regulations 1997 (Amendment 2001).
The 1976 Act
was enforced in 1983 to protect the exclusive rights
of the trademark
owner. It was subsequently amended in 1994, 2000 and
2002.
Stamp under this Act means a mark, brand, head, label,
ticket, name, signature,
word, letter, number or any of the combinations
mentioned. Trademark means a
mark used for a product or service to show a trade
relationship between the
product and the owner who has the right to use the
trademark. Under the 1994
amendments, services related to advertising,
insurance, telecommunications,
transport, education, travel, entertainment, lodging
and computer software are
categorised under the meaning of trademark.
(c) Patents Act 1983
This Act does not defone a patent but mentions
inventions that can be
patented. Section 12(1) defines the invention as an
inspiration of an
inventor to solve a problem in a certain field.
This section divides an invention or intellectual
property that can be
patented into two categories, which are product
inventions and process
inventions. A product invention is related to the tool
or machine that can be
divided into four categories. The first category is
the entire machine or tool,
such as the coconut skin remover, room heater, car or
hair shaver. The
second category is one or two of the components of the
tool. The third
category is a new element and the combination of those
elements in which
some parts are old. The fourth category is all the old
elements but the
invention involves a new combination of old elements
into the creation of
something new or useful in a better way compared with
previously.
(d) Geographical Indications Act 2000
The geographical indication identifies the place of
origin of a product if the
quality, reputation or the other characteristics are
regarded as originating
from that geographical place. This is stated in the
Geographical Indications
Act 2000. To understand this, we take the Sayong
pottery or the Losong
keropok lekor as examples. Although the two are not
registered under this
law, it is known that Sayong in Perak is famous for
its pottery and Losong
in Kuala Terengganu is famous for its high quality
keropok lekor. ThatÊs
why protection needs to be given to Sayong for the
pottery and to Losong
for the keropok lekor there.
(e) Industrial Designs Law
Industrial designs are related to the decoration
aspects or aesthetic value of
an industrial product and handicraft. It covers the
technical equipment
such as accessories, textile, packaging, medication,
vehicle, handicraft, et
cetera. The aesthetic characteristics are the form,
style, structure and
product format that attracts attention. So, the design
means the concept,
suggestion or idea of the form, picture, figure or
combination that can be
used for a thing manually, mechanically or chemically.
The concept,
suggestion or idea can be registered but not the
product itself.
10.3 SPECIFIC RULES
The specific rules on the content of advertisements
cover medicine
advertisements, pest poison advertisements, food and
beverage advertisements
that have claims and overseas institution of higher
learning advertisements.
Medicine advertisements, medical treatments and
medical facilities are under the
jurisdiction of the Medicine Advertisement Board,
Ministry of Health Malaysia.
Pest poison advertisements are under the jurisdiction
of the Pest Poison Board,
Ministry of Agriculture. The advertisement of food and
beverages that have
claims are under the jurisdiction of the Food Quality
Control Unit, Ministry of
Health. The Overseas Institutions of Higher Learning
are under the jurisdiction
of the Private Studies Unit, Ministry of Higher
Education, Malaysia.
10.3.1 Medicines Act (Advertisement and Sale) 1956
The Medicine Advertisement Board comprises the Chief
Director of the
Malaysia’s Ministry, the Director of Pharmaceutical
Services, the Director of
Medical Services and representatives of the Malaysian
Medical Association, the
Private Hospitals Association, the Medical Experts
Association, et cetera. The
functions and responsibilities of this board are to:
Manage the application of advertisements for
services, medicines,
equipmentand healers that have medical claims in the
mass media and other
media.
Revoke or cancel any of advertisements that have
been approved when
necessary.
The Medicines Advertisements Board No. 2/2006 dated
24th February 2006 lists
the latest guidelines to complete the provisions of
the Medicines Act
(Advertisement and Sale) 1956 (Revised 1983) and the
Medicines Advertisement
Board Regulations 1976. Advertisements in the
guidelines include any notices,
circulars, reports, commentaries, leaflets, labels,
wrappers or any other
documents and announcements made orally or by sight
and sound.
The objective of this guideline is to ensure that
advertising practices responsibly
promote medicines, equipment or healers that can be
purchased by people
without prescription. All products defined as poison
or contain poison under the
Poisons Act 1952 cannot be advertised.
(a) Advertisement Content
An advertisement should contain credible, accurate,
true, informative,
balanced, recent, proven and suitable information. It
should not have any
confusing, unclear or negligent statements that
influence the use of
medication inappropriately or increase unwanted risks.
The advertisement
should not include the presentation of views of
doctors, dentists,
pharmacists, scientists, nurses, paramedics, et cetera
who give professional
scientific advice, recommendations or verifications.
The advertisement
should not have statements or visual presentations
that oppose or violate
the moral standards or decency of Malaysian society or
insult any segment
of the population.
Figure 10.2: Advertisement content not allowed under
the medicines act
(b) General Claims
Exaggerated speeches or hyperbole cannot be used in
medicine
advertisements unless the speech is used to attract
attention to the
advertisement and not used as a claim or conclusion
for an advantageous
status or the highest status of the advertised
product.
Figure 10.3: Claims not allowed under the medicines
act
(c) Specific Claims
The advertisements should not recommend or portray the
product offered
as being able to:
(i) increase sexual prowess or effective in treating
sexual impotence;
(ii) reduce, control or treat ageing;
(iii) reduce, control or reverse the ageing process;
and
(iv) prevent balding problems, stop hair loss or
increase hair growth.
However, treatment that uses mechanical techniques
such as hair
thickening, et cetera is allowed.
(d) Warning Statements
The Medicine Advertisements Board makes it compulsory
that warning
statements are to be inserted in the advertisement.
For example:
Advertisements of products that contain herbs or
herbal ingredients
must have the following sentence: „This is a herbal
preparation.‰
Products that contain alcohol for pharmacology
effects or as a solution
must state the percentage of alcohol content such as:
„This preparation
contains X% of alcohol.‰
Products that contain the ingredients of animals
must state the source of
those ingredients by mentioning the part or organ and
the species of the
animal.
Products containing a special formula of fat soluble
vitamin to be used
as an additional food must insert the following
warning statement:
„Excessive consumption of this vitamin can endanger
your health.‰
Products to relieve the fever, cough and pain must
insert the following
statement: „If the symptoms continue, please inform a
doctor.‰
Medical equipment for diagnosis such as the blood
pressure gauge, et
cetera must include the following statement:
„Consumers are advised to
inform the doctor when interpreting the reading.‰
(e) Methods Not Allowed
The advertising of a medical product through the post
is not allowed. Any
advertisements that encourage the direct sale of a
product from the
manufacturer, wholesaler or sales representative are
not allowed. Visits to
houses or offices to advertise a medical product,
whether on demand or
otherwise are not allowed. The exemption to this
prohibition is for
information disseminated in journals and news
published by medical
bodies. The Malaysian Medical Association and
Malaysian Dental
Association have the approval of the Health Minister
to publish
advertisements. The Medicine Advertisements Board at a
meeting on 30
June 2005 decided to allow hospitals and private
clinics to advertise their
services in the print media. Prior to this, they were
only allowed to
advertise their services in such media as leaflets,
the yellow pages and the
Internet. However, all advertisements must obtain the
approval of the
Medicine Advertisements Board.
(f) Health Service Advertisements
Under the law, only three groups are allowed to
advertise services offered.
These are private hospitals/clinic, radiology clinics
and private medical
laboratories. Other services are not allowed to be
advertised in any of the
media.
10.4 LOCAL AUTHORITY RULES
Eachlocal authority has its own laws. It functions as
the law and rule-maker in its
own region. Generally, the laws have the following
functions:
Enforce the laws for the ocal Authority.
Provide legal advice and carry out prosecution in
the courts.
Prepare and check agreement letters.
Enact and amend the By-laws, Rules, Commands and
Methods.
Prepare and check summons, accusations and
complaints.
Hold legal education for the Local Authority staff.
(a) By-laws
By-laws are the subordinate laws of principal laws.
These subordinate
laws are also known as the Command, Method, Rule, et
cetera. In the
context of advertising, many municipal or district
councils have enacted at
least two laws:
Advertisement By-laws: For example, the
Advertisement By-laws
(MPKB) 1990, Advertisement By-laws (MPK) 1983,
Advertisement By-
laws (MPSJ) 1998
Election Advertisement By-laws: For example, the
Election
Advertisement By-laws (MPKB) 1989 and the Election
Advertisement
By-laws (MPK) 1990.
(b) Compound Rate
Based on the Compound By-laws of a Local Authority,
the violation of any
of the by-laws can be fined a compound of up to a
maximum of RM500.00.
The maximum compound rate for an offence under the
Local Government
Act 1976 (Act 171) is RM1,000.00.
Figure 10.4: Guidelines for advertisement language
usage under the advertisement by-laws MPSJ 1998
Figure 10.5: Advertisement guidelines of the Municipal
Council of Subang Jaya
Figure 10.6: Guidelines for billboards for the local
authority of Selangor
ACTIVITY 10.1
Get documents of advertising laws from the Municipal
Council or
the District Council in your area. Elaborate on the
guideline. What
is your opinion on the rules and the control?
10.5 ADVERTISING ETHICS
What is the relationship between advertising
practitioners and social
responsibility issues? Do advertising practitioners
carry out the responsibilities of
humanity problems? It is hoped that advertising
practitioners, like professionals
in other jields, play a certain role.
Advertising practitioners are actually one of the
important contributors in the
areas of safety, health and society welfare. However,
some parties think the
ethical decisions are a personal matter However, if
each and every person thinks
honestly and seriously about morality, responsibility,
society, social justice,
prosperity of the family and society, we will do
something with a great impact
that we cannot imagine.
10.5.1 Advertising Practice Code in Malaysia
The Association of Accredited Advertising Agents of
Malaysia (4A’s) was
established in 1960 to promote good advertising
practices and to provide the
public with information of products and services. By
doing this, it can develop
the interests of advertising agencies towards its
clients, which are the advertisers.
The association handles industrial issues by making
certain suggestions to its
members in facing those issues. It negotiates with
other industries that have a
direct indirect relationship in matters related to
advertising. It negotiates with the
government and other bodies on issues related to the
various advertising tasks
by becoming a representative for its members who
protect their interests as
professional advertising practitioners. The
association is an educator for its
members through training activities to enhance the
skills and knowledge of the
staff in this industry.
Figure 10.7: The 4As charter
(a) Behavioural Standards
The behavioural standards of this association reflect
a belief in ethical
business practices. So, the success of a business in
the advertising field is
based on honest and decent transactions, as well as an
appreciation of the
principle of high integrity.
(b) The Members of the 4As are Concerned about the
Following Efforts:
Show true professionalism.
Establish trust and important values for long-term
success.
Observe high ethical standards in every stage of
business transactions.
Act fairly towards customers, partners and suppliers
in the business
community.
Treat all transactions with customers and business
partners with
confidentiality.
Obey the Advertising Practice Code and follow
self-regulation as the
basis of good practice in advertising ethics.
Compete fairly and ethically and in accordance with
accepted standards
in the professional practice and do not carry out any
practice that
tarnishes the reputation of the advertising field.
(c) The Members Promise to Adhere to the Following
Standards in the Public
Interest
Show responsibility towards the consumer and
society.
Concerned about the public’s sensitivity in the use
of offensive matters
and ensure that negative effects are avoided.
Do not exploit unknowledgeable and inexperienced
consumers.
Do not approve of advertisements that provoke
violence and anti-social behaviour.
Able to prove that claims made, whether explicitly
or implicitly, are honest by not giving inaccurate, obscure, exaggerated or
deleted information.
Responsible in displaying race, age, sexual
orientation, disability, traditional and religious values.
ACTIVITY 10.2
Examine the Charter of the Association of Accredited
Advertising
Agents of Malaysia in Figure 10.7. Give your review of
the charter
and its relationship with the aims and purposes of the
association.
10.5.2 Advertising Code in the Broadcast Media
Basically, the Malaysian advertising code is designed
to protect the interests of
the public, the country and the government from
elements that can threaten the
unity and growth of the country through the broadcast
media. This code is also
created based on the responsibility and sensitivity of
the government towards the
needs of the society, values and social culture of the
country. The intention of the
government is to create a civilised, advanced race
with good morals. However,
the advertising code is only used in commercials
broadcast by the radio and TV
stations. The code was enforced on 1 October 1998.
(a) Code Content
The code content covers rules on decency, permission,
sensitivity,
advertisement comparison, testimonial, privacy
protection and safety.
Besides that, the aspects that are given guides also
cover guarantee,
violence, moral, women, children and cigarette brand
products.
(b) Code Provision
The broadcasting licence holder has the responsibility
to determine that
advertisements broadcast by it follow the rules of the
code and instructions
given by the minister from time to time on the code.
The minister can, at his
discretion, revoke or add any new rules in the code
from time to time.
Figure 10.8: Important guides in the advertising code of
the broadcast media
Figure 10.9: Products and scenes that cannot be
advertised
ACTIVITY 10.3
Look at Figure 10.10 below and answer the following
questions.
Figure 10.10: Crony advertisement
1. What is product being advertised?
2. Who is the target audience?
3. Does the advertisement violate any of the ethical
codes, rules or laws? Discuss.
10.5.3 The Communications and Multimedia Content
Code
The Communications and Multimedia Act states that the
Content Forum must
prepare the Content Code and enforce it in the
communications and multimedia
industry. This Code outlines the guides and procedures
for the practice and
standard in content to be distributed to the audience
by the service content
provider in the communications and multimedia industry
in Malaysia.
The Content Code shows the commitment of the industry
towards self-regulation
to follow the Communications and Multimedia Act 1998.
The Code strives to
identify things regarded as offensive and
objectionable. It also outlines the
responsibility and the role of the content provider in
the context of the social
values of the Malaysian society. This Code is
important as a guide to a
responsible approach in preparing content and devising
procedures on self-
regulation to prepare the platform of creavitity,
innovation and a healthy development in the fast-moving industry.
Conforming with this Code is voluntary and it is
subject to Section 99 of the
Communications and Multimedia Act. Conformity is
important also as a defence
against any punishment, actions or proceedings against
a content provider.
(a) Code Objective
The important aim of this Code is to suggest a guide
on content
preparation through self-regulation by the industry
and it should be
feasible commercially. Specifically, this Code is
outlined to prevent the
following things: improper, obscene, destructive and
offensive content that
intends to hurt, anger, threaten, abuse or disturb
people.
It is hoped this Code provides a guide on the
preparation of news or
reports to form a knowledgeable society for a
harmonious and developing
country. This guide is important in preparing
information and
entertainment to fulfil the various needs of
Malaysians in various fields
such as business, politics, recreation, culture and
education. Finally, it is
hoped this Code will guide content providers to give
the consumers
freedom to obtain the content material of their
choice.
(b) Content Guide
Section 211 of the Communications and Multimedia Act
bans improper,
obscene, false, destructive or offensive content with
the intention to destroy
and threaten other people. This means the Code ensures
that the content of
the materials does not include the elements mentioned.
Some of the specific
guides outlined in this Code are the following:
(c) Obscene Content
Obscene content is material that is offensive, morally
inappropriate and
beyond generally accepted behaviour. It involves sex
and nudity. Those
scenes are not allowed unless they have the approval
of the Film Censor
Board. The obscenity test is to test whether the
content of the material has
the tendency to corrupt and affect the minds of the
audience.
(d) Violence
Psychological or physical violence or incitement
towards violence should
be presented in a responsible and not exploitative
manner. Presentation of
violence must avoid excessive, exaggerated, improper,
instructive or
insulting characteristics. Besides that, the use of
violent elements to show
aggression and physical suffering including by sight
and sound must be
avoided. Programme involveing violence must be
suitable for the context
and the audienceÊs expectations. Besides that, there
must be efforts to show
the consequences of violence to victims and
perpetrators.
The portaryal of violence is permitted in news
reporting, discussion or
analysis and in the context of sports. Viewers must be
cautioned in advance
of scenes of violence. Careful attention should be
given when presentations
are viewed by children or when children are involved.
(e) Destructive Content
This type of content creates anger, encourages crime,
is likely to cause
incitement, is bad in nature or threatens to cause
destruction. Hate
propaganda such as encouraging killing or racial
loathing is not permitted
to be broadcast. The same applies to information that
threatens the security
of the country or the safety and health of the public.
Disseminating false
information that creates racial havoc is also not
allowed.
(f) Improper Language
Improper language includes offensive cursing of the
other people. The use
of vulgar language, obscenities, insults, et cetera
create dissatisfaction
especially if they are contrary to audience
expectations. Some elements of
improper language are offensive words, obscenities and
a breach of
etiquette that includes words referring to sexual
relationships and sex
organs. In addition, harsh words, speeches and
loathing images as well as
insulting phrases on the basis of racial, ethnic,
religious, nationality,
gender, sexual orientation differences or deformity
are not permitted.
(g) False Content
False content contains material that is likely to
mislead. Such material
includes inaccurate and incomplete information. The
content provider must
be concerned with the materials that tend to
disseminate false information
or untruths. However, such content is allowed if it is
used for satirical and
parody purposes, and where it is clear that the
audience knows the
material is fiction.
(h) Children’s Content
Content directed at children or those aged 14 and
below must be given
attention. The important aspects are child safety and
charity. Scenes of
violence portrayed by real-life characters must be
essential to the development of character and plot. Animated content can
include non-realistic violence but should not depict violence as its main
theme. Scenes that may invite children to imitate what they see, such as the
use of plastic
bags, matches, weapons and dangerous products or
dangerous physical
acts, must be handled carefully.
(i) Family Values
The principles of intellectual and emotional equality
of both sexes and and
the dignity of all individuals are to be respected.
Despite social
discrimination, content must portray awareness of the
need to avoid and
overcome biased portrayals on the basis of gender. Men
and women should
be portrayed as equals both economically and
emotionally, and in public
and individual contexts. The content must also
illustrate all persons as
supportive participants in the family unit, home
management and
household tasks.
(j) Disabled Citizens
There is a risk of causing anger and dissatisfaction
in the use of jokes based
on physical, mental or other disabilities even though
the content producer
does not have any such intention. The reference to any
kinds of disabilities
is allowed when it is really needed and relevant to
the context. In this case,
patronising words should be replaced with neutral
phrases.
CONTENT CODE
This section is a guide for advertisements conveyed electronically
and includes
media such as television, radio, on-line services and
audiotext hosting services.
The word ‘advertisement’ in this code refers to the ‘announcement
of a public
nature whether for the sale or purchase or provision
of goods or services or
constituting an invitation to participate in an
activity and conveyed by or
through any signage, image or sound disseminated
through electronic medium
for advertising purposes’. The ‘advertiser’ is any
person who utilises the
electronic medium to advertise their products or
services’. The advertising
content provider in this section refers to the
advertiser, advertising agency and
the person who controls the dissemination of the
advertisement.
(a) Objectives
This section is to ensure that high and continuing
advertising standards
through self-regulation are in accord with consumer’s
expectations and
good practices acknowledged internationally. The
advertising practitioner
admits that creative freedom comes with the
responsibility of ensuring that
the audience’s rights are protected. That is why this
section is a guide to
achieve an expected high standard by the advertising
industry for the
healthy progress and development of the field.
(b) Principles
All advertisements must be valid, decent, honest and
true. They must be
prepared responsibly for consumers and the society.
They must also
respect the principles of healthy competition
genererally accepted in the
business.
(c) Some of the Specific Guides to Advertisements:
Valid: The advertisers are responsible for ensuring
that their
advertisements obey the law.
Decent: Advertisements must not anger the public, or
contain offensive
statements, audio and visual presentations.
Honest and true: Advertisements must not abuse the
trust of the
consumers or lie by giving inaccurate and obscure
information as well
as exaggerated statements.
Fear and depression: Advertisements must not instil
fear without
reasons. However, the advertiser can express a
statement of the need to
be fearful to encourage decent behaviour and avoid
destructive actions.
Safety: Advertisements must not encourage practice
that endangers an
Individual’s or the public’s safety.
Violence/Anti-social behaviour: Advertisements must
not encourage or
acknowledge violence or anti-social behaviour.
Personal privacy protection
Claim: Any promises, accusations or claims, whether
explicit or implicit,
must be proved objectively.
Price: The price stated must be clear and related to
the advertised
product. If the price depends on the purchase, it must
be explained.
Any free offers can be stated ‘free’ based on certain
conditions.
Free offer: In any free offers, the liability cost
must be clear.
Guarantee: The word ‘free’ cannot be used at all to
reduce the legal
rights of the consumer.
Comparison: Advertisement comparison is allowed if
it fulfils the
conditions of respect for fair competition, no
deception, and real benefit
is available.
Insult: The advertiser cannot attack or belittle
other businesses or
products.
Unacceptable products: Tobacco, cigarette and its
accessories, products
banned by the Postal Services Act 1991,
fortune-telling and occult
practices, wedding agency and friendship clubs,
recruitment agency
without a licence, any forms of gambling, clothes that
have words or
symbols with inappropriate messages.
Indecent and improper scenes: For example,
pornography, pig
products, gambling and betting, firecrackers,
financial speculation, et
cetera.
Content Code
Copyright
Ethics
Intellectul Property
Intellectual Property
The Local Authority
SELF ASSESSMENT 1
Answer all the questions in 15 minutes. The full marks
for this test are 20 marks.
1. State the three acts categorised as intellectual
property law.
2. Give examples of (a) vulgar language, (b) obscene language,
(c) insulting
language in the advertising context.
3. State three advertising guides as outlined in the
Content Code.
4. State one of the purposes of Act 588.
5. What is TRIPs and what is its purpose?
SELF ASSESSMENT 2
Answer all the questions in 30 minutes. The full marks
for this test are 30 marks.
1. What is the meaning of self-censorship? How is the
self-censorhip carried
out in advertisements?
2. The guidelines in the advertising code are
important to protect the public
from unhealthy practices. Give examples of those
unhealthy practices.
3. The rules in the ethical code encourages
professional advertising practices.
Elaborate.
4. What is Article 152, 153 and 181 of the Federal
Constitution?
5. What is stated in the advertising code for the broadcast
media on cigarette
products? What is your perception of the advertisersÊ
practice and the
media organizations in Malaysia at present in this
context?
6. How can these companies carry out advertising
campaigns?
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