A. Overview

SECTION A OVERVIEW

 

Complaints on Social Media Jan 2023

 

THIS DATABASE IN THE PROCESS OF UPLOAD/ DRAFT MARCH 2023

 

SOURCES  SELF-REGULATION

 

Communications and Multimedia Content Forum of Malaysia

'An independent self-regulatory industry body registered under the Malaysian Communications and Multimedia Commission (MCMC) and designated by the Communications and Multimedia Act 1998 (CMA’98) to oversee and promote self-regulation of content over the electronic networked medium.

Content Code (EN) Third edition May 2022

 

Advertising Standards Authority Malaysia

The link above is to the authority's websites where all rules, issues etc. can be found

 

Malaysian Code of Advertising Practice 

The above link provides a list of applicable codes by sector and by channel 

 

https://asa.org.my/wp-content/uploads/2022/11/ManualBookR15_EN.pdf

The above is a pdf of the full Malaysian Code of Practice 6th edition in English 

 

https://asa.org.my/wp-content/uploads/2022/11/ManualBookR15_BM.pdf

The same code as above; in Malay and therefore the applicable code

 

SCOPE AND INTERPRETATION 
Malaysian Code of Advertising Practice 

 

iv) Scope

 

  • 2.1.The primary object of this Code is the regulation of commercial advertising. It applies therefore (except as expressly provided) to all advertisements for the supply of goods or services or the provision of facilities by way of trade, and also to advertisements other than those for specific products which are placed in the course of trade by or on behalf of any trader.
  • 2.2 In addition the Code applies, so far as is appropriate to advertisements by non- commercial organisations and individuals. The Code does not however seek to restrict the free expression of opinion in paid-for advertising space, whether by those engaged in commerce or by political parties, foreign governments, religious or charitable bodies, or other organisations or individuals, provided the identity of such advertisers is made clear, and the advertisements themselves are clearly distinguished from any editorial matter in conjunction with which they may appear.
  • 2.3 Exclusion-Political and Election Advertising Malaysians are entitled to expect that “political advertising” and “election advertising” will respect the standards articulated in the Code. However, it is not intended that the Code govern or restrict the free expression of public opinion or ideas through “political advertising” or “election advertising”, which are excluded from the application of this code

 

v) Interpretation

 

  • 3.1 The Code is to be applied in the spirit as well as in the letter.
  • 3.2 Additional regulations in the form of bulletins or otherwise, which may from time to time be published by the ASA, have the full force of this Code.
  • 3.3 In assessing an advertisement’s conformity to the terms of this Code, the primary test applied will be that of the probable impact of the advertisement as a whole upon those who are likely to see it. Due regard will be paid to each part of its content, visual, verbal and aural, and to the nature of the medium through which it is conveyed.
  • 3.4 For the purpose of this Code:

‚Äč

  1. The word “advertisement” applies to marketing communication or advertising wherever it may appear in the printed form. It includes advertising in leaflets, circulars, posters, billboards, cinemas, advertising claims on packs, labels and point of sale material.
  2. The word “product” includes goods, services and facilities.
  3. The word “consumer” refers to any person who is likely to see an advertisement or a marketing communication.

 

Commentary

 

Q&A: online advertising in Malaysia. Raja, Darryl & Loh/ Lex. October 2022

 

Malaysia Advertising Guidelines

Overview article 

 

ENVIRONMENTAL CLAIMS 

 

From the code of advertising practice linked above; clauses linked here

 

  1. The basis of any claim should be explained clearly and should be qualified where necessary. Unqualified claims can mislead if they omit significant information.
  2. Claims such as ‘environmentally friendly’ or ‘wholly biodegradable’ should not be used without qualification unless advertisers can provide convincing evidence that their product will cause no environmental damage. Qualified claims and comparisons such as ‘greener’ or ‘friendlier’ may be acceptable if advertisers can substantiate that their product provides an overall improvement in environmental terms either against their competitors’ or their own previous products
  3. Where there is a significant division of scientific opinion or where evidence is inconclusive this should be reflected in any statements made in the advertisement. Advertisers should not suggest that their claims command universal acceptance if that is not the case.
  4. If a product has never had a demonstrably adverse effect on the environment, advertisements should not imply that the formulation has changed to make it safe. It is legitimate, however, to make claims about a product whose composition has changed or has always been designed in a way that omits chemicals known to cause damage to the environment.
  5. The use of extravagant language should be avoided, as should bogus and confusing scientific terms. If it is necessary to use a scientific expression its meaning should be clear.

 

CHILDREN AND YOUNG PEOPLE 

 

https://asa.org.my/the-code/list-of-code/children-and-young-people/

 

ALCOHOLIC DRINKS 

 

https://asa.org.my/the-code/list-of-code/children-and-young-people/

 

MOTORING

 

https://asa.org.my/the-code/list-of-code/motoring/

 

CHANNEL RULES

 

Rules are set out in individual channel headers in our section C. Links to those available from the code are below 

 

Database marketing 

 

Mail order advertising

 

Authority

 

MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION

https://www.mcmc.gov.my/en/home

 

 

LEGISLATION 

 

PART 18 (of the Malaysia Code of Advertising Practice)
List of Malaysia Statutes Affecting or Relevant to Advertising (selection only; see code for full list)
As at 31st December 2007. 

 

 

B. Content Rules

C. Channel Rules

1. TV/Radio/VOD

2. Cinema/Press/Outdoor

3. Online Commercial Communications

SECTION C: ONLINE COMMERCIAL COMMUNICATIONS

 

Q&A: online advertising in Malaysia. Raja, Darryl & Loh/ Lex. October 2022

4. Cookies & OBA

5. Emails & SMS

6. Own Websites & SNS

7. Native Advertising

8. Telemarketing

 

FOLLOWING FEEDBACK, WE NO LONGER COVER TELEMARKETING 

9. Direct Postal Mail

10. Event Sponsorship/ Field Marketing

11. Sales Promotion

D. Advice & Clearance

E. Links

Reduce