Malaysia govt’s new media ethics code raises questions about press freedom

KUALA LUMPUR – Malaysia’s updated code of ethics for journalists has raised concerns that it may curb media freedom, given that it was developed by Malaysia’s Information Department (Japen).

Contentiously, the department, which is under Ministry of Communications, also said the code would serve as its guideline for the management of Malaysia’s media accreditation cards.

Communications Minister Fahmi Fadzil, who launched the code on Feb 20, said that revisions were needed to take into account the advent of social media. At the same time, the new eight-point code will assist in combating fake news or defamation.

The code, which applies to local and foreign media, states that journalists must avoid disseminating inaccurate, baseless and deceitful content. Media professionals must guarantee that all information has undergone a thorough analysis and verification to ascertain its accuracy.

Sources and excerpted content from previously published materials must also be credited.

A key addition is the call for reporters to continuously improve their skills to keep up with technology.

The original 1989 version of the code was created under the Malaysian Press Institute (MPI).

For the updated version, Japen consulted nine parties, including industry bodies like MPI and the National Union of Journalists Malaysia (NUJM), universities and the interim Malaysian Media Council (MMC) committee.

What has raised red flags among some media practitioners and observers was the minister’s confirmation on Feb 20 that Japen has the authority to cancel a journalist’s accreditation based on complaints issued against the individual.

Mr Fahmi said: “Yes, Japen can cancel or retract a journalist’s accreditation card because it is the body that issues it. However, it is not the sole objective of the code.

“The objective of the code is to ensure that the information published for public view is based on the principles of ethical journalism,” he said, promising that there will be no interference when it comes to media freedom.

Journalists in Malaysia must hold official media accreditation cards issued by Japen to cover government events.

Press freedom group Gerakan Media Merdeka (Geramm) has criticised the move by Japen to make adherence to the new code a criterion for a journalist to get accredited, which was never the case before.

“The department would just process an application by news companies. There was never a criterion under the old journalists’ ethics code,” said Geramm spokesman Radzi Razak. 

“Now the code is part of Japen’s guidelines to give accreditation to journalists, but the code itself is open to interpretation.”

He added that the phrasing of two points in the code related to the privacy and confidentiality of sources is too open-ended.

“Point six says that journalists need to be mindful of a source’s privacy and confidentiality but must consider public interest. Point seven says a journalist must understand the law and Acts that govern them. If it is read together, it can be interpreted that a journalist must give up their sources if they are being investigated by the authorities.”

Geramm called the new code “a form of state control” when regulated by a government-controlled agency.

It called for the government to expedite the formation of the Malaysian Media Council (MMC) as an independent oversight body for journalists by journalists, that would instead oversee the code to guarantee press freedom, so the industry can operate without unwanted political interference.

Veteran journalist Johan Jaafar said that Pakatan Harapan, which leads the unity government, has gone back on its promise to ensure a free and fair media.

He said the code is a reflection of the Communications Ministry’s shallow understanding of the roles and responsibilities of the press.

“I find it totally unacceptable that the government is coming out with a code of ethics for journalists. It is an insult to the good men and women working as journalists in the country today.”

He added: “I believe the ministry is losing the big picture. The culprits disseminating fake news and hoaxes are the irresponsible podcasters, YouTubers, bloggers and the self-proclaimed analysts and journalists.”

Singapore Institute of International Affairs senior fellow Oh Ei Sun also took issue with Japen’s new role in policing the code of ethics, linking this to how the new code states that journalists are encouraged to be fair in delivering information. 

He flagged that a point in the previous code about journalists having the freedom to make fair commentaries and criticisms has been dropped.

“Traditionally, common folks look up to journalists to not only deliver the news but also interpret and critique the significance and ramifications of such news.

“The new code seems to emphasise the delivery aspect as being the main function of journalists, and implicitly discourage the interpretation aspect by setting up a lot of guardrails through Japen’s control of the accreditation cards,” said Dr Oh.

NUJM said the update is relevant in the age of social media, but also said it is critical to quickly establish the MMC.

“The union fully support the government’s effort to improved journalism ethics across various platforms and we hope the ministry would expedite the proper formation of the media council, in which the said code of ethics for journalists can be discussed further,” said its general secretary Teh Athira Yusof.

During the launch, Mr Fahmi said that the Malaysian Media Council bill is still in the works and must be presented to the Cabinet before it can be tabled to Parliament.