laws.my

/akn/my/act/act/2025/868

AKTA MAJLIS MEDIA MALAYSIA 2025

Text is served through the Arturio legal-data gateway. This reader shows the active Malaysia expression when available.

Open source PDF
Content

content_0

Content

Malaysian Media Council 1 Act 868 2 Laws of Malaysia Act 868 Date of Royal Assent ... ... 27 May 2025 Date of publication in the ... ... 6 June 2025 Gazette Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Malaysian Media Council 3 Act 868 ARRANGEMENT OF SECTIONS

Part

Part I

Content

content_2

Content

PRELIMINARY Section

Section

section_3

Section

1. Short title and commencement

Section

section_4

Section

2. Interpretation

Part

Part II

Content

content_6

Content

MALAYSIAN MEDIA COUNCIL

Section

section_7

Section

3. Establishment of Council

Section

section_8

Section

4. Common seal

Section

section_9

Section

5. Functions of Council

Section

section_10

Section

6. Powers of Council

Section

section_11

Section

7. Membership of Council

Part

Part III

Content

content_13

Content

BOARD OF COUNCIL

Section

section_14

Section

8. Board of Council

Section

section_15

Section

9. Chairman

Section

section_16

Section

10. Tenure of office

Section

section_17

Section

11. Remuneration and allowances

Section

section_18

Section

12. Secretary of Council

Section

section_19

Section

13. Employees of Council

Section

section_20

Section

14. Committees 4 Laws of Malaysia Act 868

Part

Part IV

Content

content_22

Content

GRIEVANCE MECHANISM AND DISCIPLINARY PROCEEDINGS Section

Section

section_23

Section

15. Grievance mechanism

Section

section_24

Section

16. Matters in respect of disciplinary powers

Part

Part V

Content

content_26

Content

FINANCE

Section

section_27

Section

17. Malaysian Media Council Fund

Section

section_28

Section

18. Expenditure to be charged on Malaysian Media Council Fund

Part

Part VI

Content

content_30

Content

GENERAL

Section

section_31

Section

19. General meetings

Section

section_32

Section

20. Safekeeping of records and accounts of Council

Section

section_33

Section

21. Guideline, directive, etc.

Section

section_34

Section

22. Code of conduct

Section

section_35

Section

23. Protection against suits and legal proceedings First Schedule Second Schedule Malaysian Media Council 5 Act 868

Preamble

preamble_36

Preamble

An Act to provide for the establishment of the Malaysian Media Council and to make provisions for other matters connected therewith. [ ] ENACTED by the Parliament of Malaysia as follows:

Part

Part I

Content

content_38

Content

PRELIMINARY Short title and commencement

Section

section_39

Section

1. (1) This Act may be cited as the Malaysian Media Council Act 2025.

Subsection

subsection_40

Subsection

(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 6 Laws of Malaysia Act 868 Interpretation

Section

section_41

Section

2. In this Act, unless the context otherwise requires— “member” means a member of the Council admitted as a member from any categories of membership as specified in section 7, and includes the Chairman of the Board as specified under subsection 9(3); “non-media member” means individual including academician, media trainer, non-governmental organization, and public not from the media industry; “media industry” means any—

Paragraph

paragraph_42

Paragraph

(a) news agency, which is a news organization incorporated under any Malaysian law for the purpose of collecting, verifying, and disseminating news, information, images, and videos;

Paragraph

paragraph_43

Paragraph

(b) newspaper organization, which is a news organization that publishes printed or digital reading materials on a daily or periodic basis;

Paragraph

paragraph_44

Paragraph

(c) broadcaster, which is a radio or television station that broadcasts for public listening or viewing, including materials available in digital format via the internet;

Paragraph

paragraph_45

Paragraph

(d) media practitioner;

Paragraph

paragraph_46

Paragraph

(e) independent media practitioner;

Paragraph

paragraph_47

Paragraph

(f) foreign media, which is a media company owned or controlled by foreign media organizations, who has media practitioners in Malaysia and publish news and journalism content in Malaysia or particularly about Malaysia;

Paragraph

paragraph_48

Paragraph

(g) media publisher;

Paragraph

paragraph_49

Paragraph

(h) media company; and

Paragraph

paragraph_50

Paragraph

(i) media association, but does not include the advertising industry, online service providers and entities that aggregate or develop news from other sources; Malaysian Media Council 7 “journalism” means the practice of collecting, organizing, analysing and conveying information or news to the public done by journalists, bloggers, analysts or any person involved in publishing and shared whether in printed or digital form through any medium of publication, radio and television broadcasts, or digital media; “Board” means the Board of Malaysian Media Council established under section 8 of this Act; “Council” means the Malaysian Media Council established under section 3 of this Act; “Minister” means the Minister charged with the responsibility for communications; “media publisher” means an individual who is responsible for overseeing the publication or broadcasting of news content in print, online and broadcast media, in preparation of final published edition to the public; “media practitioner” means a journalist, editor, photographer, videographer and graphic designer or any person involved in the creation, production and dissemination of content for a media company and such person shall be an employee of a media publisher; “independent media practitioner” means a person producing news content for a media company but is not an employee or a person publishing news content and commentaries which are hosted on online media; “Chairman” means the Chairman of the Board and the Council appointed under section 9 of this Act; “media association” means any non-profit entity, trade union or association consist of media practitioners representing the interests and welfare of the media parties; “media company” means an organization or business entity that creates, produces, distributes and manages media content in printed, broadcast or digital form, and shall have not less than ten media practitioners as employees of that media company. 8 Laws of Malaysia Act 868

Part

Part II

Content

content_52

Content

MALAYSIAN MEDIA COUNCIL Establishment of Council

Section

section_53

Section

3. (1) A body corporate by the name of “Malaysian Media Council” is established.

Subsection

subsection_54

Subsection

(2) The Council shall have perpetual succession and a common seal.

Subsection

subsection_55

Subsection

(3) The Council may sue and be sued in its corporate name.

Subsection

subsection_56

Subsection

(4) Subject to and for the purposes of this Act, the Council may, upon such terms as it deems fit—

Paragraph

paragraph_57

Paragraph

(a) enter into contracts;

Paragraph

paragraph_58

Paragraph

(b) acquire, purchase, take, lease, hold, sell and enjoy any movable and immovable property of every description or any interest in such property vested in the Council; and

Paragraph

paragraph_59

Paragraph

(c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest in such property vested in the Council. Common seal

Section

section_60

Section

4. (1) The Council shall have a common seal which shall bear such device as the Council may approve and such seal may from time to time be broken, changed, altered and made anew as the Council thinks fit.

Subsection

subsection_61

Subsection

(2) Until a common seal is provided by the Council, a stamp bearing the words “Malaysian Media Council” may be used and shall be deemed to be the common seal of the Council. Malaysian Media Council 9

Subsection

subsection_62

Subsection

(3) The common seal of the Council shall be kept in the custody of the Chairman or such other person as may be authorized by the Board, and shall be authenticated by the Chairman or by any two members of the Board as authorized by the Chairman in writing.

Subsection

subsection_63

Subsection

(4) All deeds, documents and other instruments purporting to be sealed with the common seal of the Council and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been validly executed.

Subsection

subsection_64

Subsection

(5) Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Board or employee of the Council as authorized in that behalf.

Subsection

subsection_65

Subsection

(6) The common seal of the Council shall be officially and judicially noticed. Functions of Council

Section

section_66

Section

5. (1) The Council shall have the following functions:

Paragraph

paragraph_67

Paragraph

(a) to set standards and establish a code of conduct for media practitioner and independent media practitioner in accordance with the standards of ethical and responsible journalism;

Paragraph

paragraph_68

Paragraph

(b) to promote the highest standards of ethical and responsible journalism, media independence and the rights of media practitioner;

Paragraph

paragraph_69

Paragraph

(c) to regulate the ethics and professional code of conduct of the media practitioner and independent media practitioner;

Paragraph

paragraph_70

Paragraph

(d) to encourage communication between media practitioners, the Government and the public;

Paragraph

paragraph_71

Paragraph

(e) to suggest any reforms to laws relating to media independence; 10 Laws of Malaysia Act 868

Paragraph

paragraph_72

Paragraph

(f) to facilitate and coordinate matters in respect of training, capacity building and professional development of journalists and media organizations among members of the Council;

Paragraph

paragraph_73

Paragraph

(g) to establish, manage and maintain a database which contains information of media practitioners and independent media practitioners for the purpose of collecting data and statistics, for the continued development of media industry and journalism;

Paragraph

paragraph_74

Paragraph

(h) to determine any grievance mechanism and disciplinary proceeding against member of the Council; and

Paragraph

paragraph_75

Paragraph

(i) to do such other things arising out of or consequential to the functions of the Council under this Act which are consistent with the purposes of this Act.

Subsection

subsection_76

Subsection

(2) The functions of the Council under subsection (1) shall be performed by the Board subject to a resolution passed from time to time by the Council in the general meeting. Powers of Council

Section

section_77

Section

6. (1) The Council may do all things necessary or expedient for, or in connection with, the performance of its functions under this Act.

Subsection

subsection_78

Subsection

(2) Without prejudice to the generality of subsection (1), the Council may—

Paragraph

paragraph_79

Paragraph

(a) establish standards of ethical and responsible journalism, including a code of conduct for media practitioner and independent media practitioner;

Paragraph

paragraph_80

Paragraph

(b) determine matters in respect of membership, administration and management of the Council;

Paragraph

paragraph_81

Paragraph

(c) determine and impose any fees, charges or payments in relation to membership of the Council and services rendered by the Council under this Act; Malaysian Media Council 11

Paragraph

paragraph_82

Paragraph

(d) conduct inquiry on any complaint or information received against media practitioner and independent media practitioner through grievance mechanism;

Paragraph

paragraph_83

Paragraph

(e) utilize all properties of the Council in such manner as the Council may think expedient including raising of money for the purposes of the Malaysian Media Council Fund by securitizing or mortgaging the properties; and

Paragraph

paragraph_84

Paragraph

(f) require member of the Council to furnish any information for the purpose of performing its function under the Act.

Subsection

subsection_85

Subsection

(3) Powers of the Council under paragraphs (2)(a), (b), (c) and (d) shall be exercised by the Board subject to a resolution passed from time to time by the Council in the general meeting. Membership of Council

Section

section_86

Section

7. (1) Members of the Council shall consist of any person, association or media company as follows:

Paragraph

paragraph_87

Paragraph

(a) a category consisting of media company, represented by their respective media publisher or nominated senior management;

Paragraph

paragraph_88

Paragraph

(b) a category consisting of media association, represented by any nominated member of the association, media practitioner and independent media practitioner; and

Paragraph

paragraph_89

Paragraph

(c) a category consisting of non-media member.

Subsection

subsection_90

Subsection

(2) Each application for membership of the Council shall be made to the Board together with the payment of fees as the Council may determine under paragraph 6(2)(c).

Subsection

subsection_91

Subsection

(3) Membership of the Council shall be renewable every year together with the payment of fees as the Council may determine under paragraph 6(2)(c). 12 Laws of Malaysia Act 868

Part

Part III

Content

content_93

Content

BOARD OF COUNCIL Board of Council

Section

section_94

Section

8. (1) For the purpose of carrying out the functions of the Council and managing the affairs of the Council, a Board shall be established comprising of—

Paragraph

paragraph_95

Paragraph

(a) the Chairman;

Paragraph

paragraph_96

Paragraph

(b) two members to be nominated by the Minister, representing the Government;

Paragraph

paragraph_97

Paragraph

(c) four members of the Board representing members of the Council in the category as specified under paragraph 7(1)(a), which shall be nominated and elected by the members of the Council in such category, and shall comprise of, at least one woman representative and one representative from Sabah or Sarawak;

Paragraph

paragraph_98

Paragraph

(d) four members of the Board representing members of the Council in the category as specified under paragraph 7(1)(b), which shall be nominated and elected by the members of the Council in such category, with at least one member from a media association, and shall comprise of, at least one woman representative and one representative from Sabah or Sarawak;

Paragraph

paragraph_99

Paragraph

(e) four members of the Board representing members of the Council in the category as specified under paragraph 7(1)(c), which shall be nominated and elected by the members of the Council in such category, and shall comprise of, at least one woman representative and one representative from Sabah or Sarawak; and

Paragraph

paragraph_100

Paragraph

(f) six additional members of the Board appointed, among the members of the Council, by the Board members stated in paragraphs (c), (d) and (e) to ensure equal representation from the aspect of gender, locality and diversity of media by the languages and the formats. Malaysian Media Council 13

Subsection

subsection_101

Subsection

(2) A media company which is deemed to have a common ownership with other media companies shall not have more than one member of the Board nominated and elected under paragraph (1)(c).

Subsection

subsection_102

Subsection

(3) For the purposes of subsection (2), a media company is deemed to have a common ownership with other media companies in the case where—

Paragraph

paragraph_103

Paragraph

(a) two or more media companies have the same shareholder who holds more than half of the total number of issued shares in the media company respectively;

Paragraph

paragraph_104

Paragraph

(b) the media company has control over other related media companies; or

Paragraph

paragraph_105

Paragraph

(c) the media company is a subsidiary company and is under the control of a holding company or a group of companies.

Subsection

subsection_106

Subsection

(4) The nomination and election of the members of the Board under paragraphs (1)(c), (d) and (e) shall be conducted in the general meeting.

Subsection

subsection_107

Subsection

(5) Notwithstanding subsections (1) and (4), the Minister shall appoint the members of the Board that shall act as the founding Board, by notification published in the Gazette.

Subsection

subsection_108

Subsection

(6) The provisions in the First Schedule shall apply to the Board. Chairman

Section

section_109

Section

9. (1) The members of the Board shall appoint a Chairman who will preside over the Board and the Council.

Subsection

subsection_110

Subsection

(2) Any member of the legislature, or any person who is actively involved in politics or registered with any political party, or any member of the public services, shall not be appointed as the Chairman. 14 Laws of Malaysia Act 868

Subsection

subsection_111

Subsection

(3) The Chairman shall be deemed to be a member of the Council, and shall have a casting vote in all deliberations of the Board and the Council.

Subsection

subsection_112

Subsection

(4) A Deputy Chairman shall be elected by the members of the Board from among themselves.

Subsection

subsection_113

Subsection

(5) Where the Chairman is unable to perform his functions for any reason, or during any period of vacancy in the office of the Chairman, the Deputy Chairman shall perform the functions of the Chairman. Tenure of office

Section

section_114

Section

10. (1) Subject to any condition as may be determined, a member of the Board shall, unless he sooner resigns or vacates his office or his appointment is revoked, hold office for a term not exceeding two years and eligible for reappointment for a further term of two years upon the expiry of his term of office.

Subsection

subsection_115

Subsection

(2) Where a member of the Board receives a note of censure or his membership is terminated, he shall cease to be a member of the Board under this Act.

Subsection

subsection_116

Subsection

(3) A member of the Board shall be deemed to have vacated his office if he absents himself from three consecutive meetings of the Board without leave of the Board.

Subsection

subsection_117

Subsection

(4) The Chairman may resign from office by giving notice in writing to the Board, and other members of the Board may resign from office by giving notice in writing to the Chairman, and upon such resignation being accepted by the Board or the Chairman, as the case may be, the Chairman or such member shall be deemed to have vacated his office.

Subsection

subsection_118

Subsection

(5) Any vacancy of members of the Board shall be filled, as soon as may be, by nomination in the same manner such member of the Board who vacated the office was nominated and elected and such member so nominated and subsequently elected, shall hold office such for the remaining tenure of the preceding member of the Board. Malaysian Media Council 15

Subsection

subsection_119

Subsection

(6) Subject to subsection (1), any member of the Board who has held office for a period of four years consecutively, is eligible to be re-elected after a period of two years lapsed from the last date such member of the Board had held office as the member of the Board. Remuneration and allowances

Section

section_120

Section

11. (1) The Chairman shall be paid such remuneration and allowances as the Council may determine in the general meeting.

Subsection

subsection_121

Subsection

(2) All members of the Board shall be paid such allowances at such rates as the Council may determine in the general meeting. Secretary of Council

Section

section_122

Section

12. (1) The Council may appoint a Secretary to the Council who shall be deemed to be an employee of the Council and be subject to the terms and conditions of service as the Council may determine.

Subsection

subsection_123

Subsection

(2) The Council shall vest in the Secretary such powers and impose upon him such duties as the Board may determine.

Subsection

subsection_124

Subsection

(3) The Secretary shall act under the general authority and directions of the Board which shall be consistent with this Act.

Subsection

subsection_125

Subsection

(4) The Secretary shall—

Paragraph

paragraph_126

Paragraph

(a) be responsible for the overall administration and management of the functions, activities and day-to-day affairs of the Council in accordance with the policy determined by the Board;

Paragraph

paragraph_127

Paragraph

(b) exercise supervision and control over all employees of the Council; and

Paragraph

paragraph_128

Paragraph

(c) perform such other duties and undertake such other responsibilities as the Board may determine or direct from time to time. 16 Laws of Malaysia Act 868

Subsection

subsection_129

Subsection

(5) The Secretary shall perform his duties with reasonable care, skill, diligence, and make proper judgment in performing his duties under this Act.

Subsection

subsection_130

Subsection

(6) The Secretary may establish a central and regional offices or branch offices as he may deem necessary and expedient, subject to the approval of the Board. Employees of Council

Section

section_131

Section

13. (1) The Council may appoint such number of employees as may be necessary to assist the Secretary in discharging its functions effectively and efficiently for the purpose of carrying into effect the provisions of this Act and the employees shall hold office for such period, receive such salaries, allowances and benefits, and shall be subject to such terms and conditions of service as the Board may determine.

Subsection

subsection_132

Subsection

(2) An employee of the Council shall, at all times, act in good faith and comply with any requirements, standards, duties and code of conduct as the Board may determine. Committees

Section

section_133

Section

14. (1) The Board may establish any committee as the Board considers necessary or expedient to assist the Board in the performance of its functions and in the exercise of its powers.

Subsection

subsection_134

Subsection

(2) The Board may elect any member of the Council to be the chairperson of a committee.

Subsection

subsection_135

Subsection

(3) The Board may appoint any person to be a member of any committee established under subsection (1).

Subsection

subsection_136

Subsection

(4) A member of a committee shall hold office for such term as the Board may specify in his letter of appointment and is eligible for reappointment.

Subsection

subsection_137

Subsection

(5) A member of a committee may, at any time, resign his office by giving a notice in writing to the Board. Malaysian Media Council 17

Subsection

subsection_138

Subsection

(6) Any committee established under subsection (1) shall be subject to and act in accordance with any direction issued to the committee from time to time by the Board and the Board may, at any time, discontinue or alter the composition of or dissolve the committee.

Subsection

subsection_139

Subsection

(7) The committee may invite any person to attend any meeting of the committee to advise the committee on any matter under discussion but that person shall not be entitled to vote at the meeting.

Subsection

subsection_140

Subsection

(8) The committee shall meet as often as may be necessary at the time and place as the chairperson of the committee may determine.

Subsection

subsection_141

Subsection

(9) A committee shall cause—

Paragraph

paragraph_142

Paragraph

(a) minutes of its meetings to be maintained and kept in a proper form; and

Paragraph

paragraph_143

Paragraph

(b) copies of minutes of its meetings to be submitted to the Board as soon as practicable.

Subsection

subsection_144

Subsection

(10) A committee may determine its own procedure and shall make the reporting to the Board accordingly.

Subsection

subsection_145

Subsection

(11) A member of the committee and any person invited under subsection (7) shall be paid such allowances and other expenses as the Council may determine by a resolution of a simple majority of votes of the members present and voting in the general meeting.

Part

Part IV

Content

content_147

Content

GRIEVANCE MECHANISM AND DISCIPLINARY PROCEEDINGS Grievance mechanism

Section

section_148

Section

15. (1) The Council may establish a mechanism to regulate procedures relating to complaints of grievance that should function for the following purposes:

Paragraph

paragraph_149

Paragraph

(a) as an intermediary between the Council, members of the Council and the public; 18 Laws of Malaysia Act 868

Paragraph

paragraph_150

Paragraph

(b) to determine process and procedure for a complaint system;

Paragraph

paragraph_151

Paragraph

(c) to establish an efficient and swift dispute resolution system to ensure public confidence in the members of the Council and the media industry; and

Paragraph

paragraph_152

Paragraph

(d) to promote understanding and compliance of the ethical and responsible journalism.

Subsection

subsection_153

Subsection

(2) The determination of the regulatory mechanism for procedures relating to complaints of grievance shall be made and adopted by the Council from time to time, by a resolution of a simple majority of votes of the members present and voting at the general meeting. Matters in respect of disciplinary powers

Section

section_154

Section

16. (1) The Council shall have disciplinary powers over its members and may exercise disciplinary powers against its members who have contravened any provisions of this Act or alleged to have committed a misconduct as stipulated in the code of conduct, guideline, instruction or circular issued by the Council or the Board, as the case may be.

Subsection

subsection_155

Subsection

(2) The Council shall, establish any disciplinary offences, impose any disciplinary penalties and determine the procedures for disciplinary proceedings, by a resolution of a simple majority of votes of the members present and voting at the general meeting.

Part

Part V

Content

content_157

Content

FINANCE Malaysian Media Council Fund

Section

section_158

Section

17. (1) A fund to be known as the “Malaysian Media Council Fund” is established and shall be administered and controlled by the Council. Malaysian Media Council 19

Subsection

subsection_159

Subsection

(2) The Malaysian Media Council Fund shall consist of—

Paragraph

paragraph_160

Paragraph

(a) such sums as may be provided by Parliament from time to time for the purposes of this Act;

Paragraph

paragraph_161

Paragraph

(b) all moneys earned by the fees collected, operation of any project or scheme financed from the Malaysian Media Council Fund;

Paragraph

paragraph_162

Paragraph

(c) all moneys earned or arising from any property, mortgage, lease, tenancy, charge or debenture acquired by or vested in the Council;

Paragraph

paragraph_163

Paragraph

(d) moneys received by the Council by way of grants or donations that are lawfully received by the Council; and

Paragraph

paragraph_164

Paragraph

(e) all other sums and properties which may in any manner become payable to or vested in the Council in respect of any matter incidental to the performance of its functions and the exercise of its powers.

Subsection

subsection_165

Subsection

(3) For the purposes of paragraph (2)(a), for any period that the Council received any sums provided by the Parliament for the purposes of this Act, the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Council.

Subsection

subsection_166

Subsection

(4) The Council shall not receive any foreign fund.

Subsection

subsection_167

Subsection

(5) Notwithstanding subsection (4), the Council may receive foreign fund without any conditions from any individual or foreign organization for the purpose of promoting awareness and providing education in relation to media industry, subject to the approval of the Minister. Expenditure to be charged on Malaysian Media Council Fund

Section

section_168

Section

18. (1) The Malaysian Media Council Fund shall be expended for the following purposes:

Paragraph

paragraph_169

Paragraph

(a) paying any expenditure lawfully incurred by the Council;

Paragraph

paragraph_170

Paragraph

(b) paying the remuneration, allowances and other expenses of the members of the Board, committees and employees of the Council; 20 Laws of Malaysia Act 868

Paragraph

paragraph_171

Paragraph

(c) financing research activities in relation to the development of the media industry;

Paragraph

paragraph_172

Paragraph

(d) paying any membership fees to any bodies or associations, within or outside of Malaysia, of which the Council is a member as the Board may determine;

Paragraph

paragraph_173

Paragraph

(e) making contributions to bodies or organizations, within or outside Malaysia, related to journalism activities as the Board may determine; and

Paragraph

paragraph_174

Paragraph

(f) paying any other expenses, costs or expenditure in relation to the procurement of goods and services, including the engagement of consultants, fees and legal costs and other fees and costs, properly incurred or accepted by the Council in the performance of its functions and exercise of its powers under this Act.

Subsection

subsection_175

Subsection

(2) Notwithstanding paragraph (1)(e), any contributions to bodies or organizations outside Malaysia shall be subject to the approval of the Minister.

Part

Part VI

Content

content_177

Content

GENERAL General meetings

Section

section_178

Section

19. (1) The Council shall convene a general meeting as provided in the Second Schedule.

Subsection

subsection_179

Subsection

(2) The Minister may, upon the recommendation of the Council, by order published in the Gazette, amend the Second Schedule. Safekeeping of records and accounts of Council

Section

section_180

Section

20. The Council shall keep minutes of its proceedings including—

Paragraph

paragraph_181

Paragraph

(a) minutes of the meeting of the Board;

Paragraph

paragraph_182

Paragraph

(b) minutes of the general meeting of the Council; Malaysian Media Council 21

Paragraph

paragraph_183

Paragraph

(c) papers considered for all resolutions in the meetings of the Board;

Paragraph

paragraph_184

Paragraph

(d) papers considered for all resolutions in the general meeting; and

Paragraph

paragraph_185

Paragraph

(e) accounts and records of accounts as will sufficiently explain the transactions of the accounts to enable a true and fair balance sheet, income and expenditure statement and profit and loss statement to be prepared. Guideline, directive, etc.

Section

section_186

Section

21. (1) The Council may issue any guideline, directive, circular, standard and notice as the Council may consider necessary or expedient, which shall be complied with by all members.

Subsection

subsection_187

Subsection

(2) Any member who fails to comply with the guideline, directive, circular, standard and notice is subject to the disciplinary proceedings of the Council.

Subsection

subsection_188

Subsection

(3) Such guideline, directive, circular, standard and notice shall be made and adopted by the Council by a resolution of a simple majority of votes of the members present and voting in the general meeting. Code of conduct

Section

section_189

Section

22. (1) The Council may establish a code of conduct which shall be observed by its members.

Subsection

subsection_190

Subsection

(2) The code of conduct shall be made and adopted by the Council by a resolution of a simple majority of votes of the members present and voting in the general meeting.

Subsection

subsection_191

Subsection

(3) If it comes to the knowledge of the Council that there is an alleged breach of the code of conduct committed by any member of the Council, the matter shall be dealt with by the grievance mechanism and disciplinary proceedings established under Part IV. 22 Laws of Malaysia Act 868 Protection against suits and legal proceedings

Section

section_192

Section

23. No action, suit, prosecution or other proceedings shall be brought, instituted or maintained in any court against the Board or any committee established by the Board on account of or in respect of any act, neglect or default done or omitted by them in the course of carrying out their duties under this Act unless it can be proven that the act, neglect or default was done or omitted in bad faith and without reasonable cause. First Schedule [Subsection 8(6)] Founding Board

Section

section_193

Section

1. (1) Notwithstanding section 8 of this Act, members of the founding Board appointed by the Minister are as follows:

Paragraph

paragraph_194

Paragraph

(a) four members of the Board consisting of media companies represented by their respective media publisher or nominated senior management;

Paragraph

paragraph_195

Paragraph

(b) four members of the Board consisting of media associations represented by any nominated member of the association, media practitioner and independent media practitioner; and

Paragraph

paragraph_196

Paragraph

(c) four members of the Board consisting of non-media members.

Subsection

subsection_197

Subsection

(2) The members of the founding Board appointed by the Minister shall appoint a Chairman which shall head the Board.

Subsection

subsection_198

Subsection

(3) The founding Board shall perform the functions and powers of the Board from the date of appointment of the founding Board until the nomination and election of the members of the Board under subsection 8(4) of this Act be conducted.

Subsection

subsection_199

Subsection

(4) The founding Board shall be responsible to hold the first general meeting of the Council.

Subsection

subsection_200

Subsection

(5) The tenure of office of the members of the founding Board is not subject to the tenure of office as provided in section 10 of this Act. Meetings of the Board

Section

section_201

Section

2. (1) The Board shall meet at least once in every three months at such times and places as the Chairman may determine. Malaysian Media Council 23

Subsection

subsection_202

Subsection

(2) The Chairman shall preside at all meetings of the Board.

Subsection

subsection_203

Subsection

(3) If the Chairman is absent at any meeting of the Board, the Chairman may direct the Deputy Chairman to replace him as the chairperson of the meeting and if the Chairman and the Deputy Chairman are absent, the Board shall elect from among themselves to preside at the meeting.

Subsection

subsection_204

Subsection

(4) The quorum of the Board for the meetings shall be eleven members, including the Chairman.

Subsection

subsection_205

Subsection

(5) The Board shall determine its own procedure of meetings. The Board may invite others to meetings

Section

section_206

Section

3. (1) The Board may invite any person to attend a meeting of the Board for the purpose of advising the Board on any matter under discussion.

Subsection

subsection_207

Subsection

(2) A person invited under subparagraph (1) may be paid such allowances and other expenses as the Council may determine by a resolution of a simple majority of votes of the members present and voting in the general meeting. Disclosure of interest

Section

section_208

Section

4. (1) A member of the Board or any person invited to attend the meeting of the Board, who has or acquires a direct or indirect interest, in relation to any matter under discussion by the Board shall disclose to the Board, the fact of his interest and nature of that interest.

Subsection

subsection_209

Subsection

(2) A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the Board in which the matter is discussed and, after the disclosure, the member—

Paragraph

paragraph_210

Paragraph

(a) shall not be present or take part in any discussion or decision of the Board about the matter; and

Paragraph

paragraph_211

Paragraph

(b) shall be disregarded for the purpose of constituting a quorum of the Board when the matter is discussed or decided upon. Minutes

Section

section_212

Section

5. The minutes of the meeting of the Board duly signed by the chairperson of the meeting shall be admissible in any legal proceedings as a prima facie evidence of the facts stated in the minutes without further proof. 24 Laws of Malaysia Act 868 Second Schedule [Section 19] GENERAL MEETINGS First general meeting

Section

section_213

Section

1. (1) The first general meeting of the Council shall be convened within the period of six months from the date of appointment of the members of the founding Board.

Subsection

subsection_214

Subsection

(2) Notice of the first general meeting shall be sent to the members of the Council, in such manner as the founding Board may determine, not less than thirty days before the date of the meeting, and not more than sixty days.

Subsection

subsection_215

Subsection

(3) The quorum for the first general meeting shall be one third of the membership of the Council.

Subsection

subsection_216

Subsection

(4) The agenda for the first general meeting shall include the following matters:

Paragraph

paragraph_217

Paragraph

(a) to elect the members of the Board of the Council under subsection 8(4) of this Act;

Paragraph

paragraph_218

Paragraph

(b) to determine the procedure in relation to conducting an annual general meeting of the Council; and

Paragraph

paragraph_219

Paragraph

(c) to determine fees and other matters relating to the membership of the Council.

Subsection

subsection_220

Subsection

(5) The founding Board shall cause to be prepared and presented to the first general meeting—

Paragraph

paragraph_221

Paragraph

(a) any matters to be determined for the purpose of performing the functions of the Council under section 5 of this Act; and

Paragraph

paragraph_222

Paragraph

(b) any matters to be determined for the purpose of exercising the powers of the Council under subsection 6(3) of this Act.

Subsection

subsection_223

Subsection

(6) Matters that require decision in the first general meeting shall be determined by a resolution of a simple majority of votes of the members present and voting in the general meeting.

Subsection

subsection_224

Subsection

(7) Where there is an equality of votes, the chairperson of the meeting shall have a casting vote in addition to his deliberative vote. Malaysian Media Council 25 Annual general meeting

Section

section_225

Section

2. (1) An annual general meeting after the first general meeting shall be convened on the frequency of once in a calendar year.

Subsection

subsection_226

Subsection

(2) Notice of an annual general meeting shall be sent to the members of the Council, in such manner as the Council may determine, not less than thirty days before the date of the meeting, and not more than sixty days.

Subsection

subsection_227

Subsection

(3) Notice of an annual general meeting shall include but not limited to the following particulars:

Paragraph

paragraph_228

Paragraph

(a) place, date and time of the meeting; and

Paragraph

paragraph_229

Paragraph

(b) every matter proposed to be determined at that meeting.

Subsection

subsection_230

Subsection

(4) Notice of an annual general meeting shall be accompanied with—

Paragraph

paragraph_231

Paragraph

(a) a copy of the minutes of the last general meeting;

Paragraph

paragraph_232

Paragraph

(b) a copy of the audited accounts together with the auditor’s report on the Malaysian Media Council Fund; and

Paragraph

paragraph_233

Paragraph

(c) any other documents to be determined in that meeting.

Subsection

subsection_234

Subsection

(5) Any member of the Council may, in such manner as the Board may determine, submit any motion to be considered at an annual general meeting, and such motion shall be submitted to the Board at least twenty-one days before the annual general meeting is held.

Subsection

subsection_235

Subsection

(6) The quorum for an annual general meeting shall be one third of the membership of the Council.

Subsection

subsection_236

Subsection

(7) If a quorum referred to in subparagraph (6) is not present within one hour from the time appointed for holding the meeting, the meeting shall be adjourned to the following day at the same time and place unless otherwise notified, and if the quorum is not present at such adjourned meeting within one hour from the time appointed, the members present and entitled to vote, whatever their number, shall constitute a quorum and may conduct the business for which the meeting was convened.

Subsection

subsection_237

Subsection

(8) The Board shall cause to be prepared and presented to an annual general meeting—

Paragraph

paragraph_238

Paragraph

(a) reports on the activities of the Council during the tenure of office of the Board;

Paragraph

paragraph_239

Paragraph

(b) audited account for one calendar year for the last year immediately before the annual general meeting;

Paragraph

paragraph_240

Paragraph

(c) any matters to be determined for the purpose of performing the functions of the Council under section 5 of this Act; 26 Laws of Malaysia Act 868

Paragraph

paragraph_241

Paragraph

(d) any matters to be determined for the purpose of exercising the powers of the Council under subsection 6(3) of this Act; and

Paragraph

paragraph_242

Paragraph

(e) any other matters to be determined at that annual general meeting.

Subsection

subsection_243

Subsection

(9) Matters that require a decision in an annual general meeting shall be determined by a resolution of a simple majority of votes of the members present and voting in the annual general meeting.

Subsection

subsection_244

Subsection

(10) Where there is an equality of votes, the chairperson of the meeting shall have a casting vote in addition to his deliberative vote. Extraordinary general meeting

Section

section_245

Section

3. (1) An extraordinary general meeting of the Council may be convened at any time by the Council and shall be held on a request of not less than one fifth of the total membership of the Council.

Subsection

subsection_246

Subsection

(2) Procedures in relation to an extraordinary general meeting of the Council are as determined by the Council.