Calls for new legislation to regulate digital streaming content amid rising concerns

SHAH ALAM – Laws to curb immoral content such as lesbian, gay, bisexual, transgender and those questioning their sexual identity (LGBTQ) do exist in Malaysia, but they were not drafted specifically to address the realities of digital streaming and have clear jurisdictional limitations.

Honorary Secretary of the Women’s International Alliance for Family Institutions and Quality Education (WAFIQ) Nur Farihah Meor Mazli said the existing legal framework, such as the Film Censorship Act 2002 (APF 2002), shows that the Film Censorship Board (LPF) only has authority over films screened in cinemas, physical media such as DVDs and Blu-rays, traditional television broadcasts and domestic distribution.

However, she said international streaming platforms such as Netflix, Disney+ and Amazon Prime are not subject to LPF approval because their content is delivered directly from abroad and does not go through local distributors.

“Concerns are growing when we see too much media content openly featuring LGBTQ elements, especially through Netflix streaming. There is even a dedicated section for such themes.

“Our concern at WAFIQ is when such content is targeted at children for the purpose of normalising certain agendas and sexual exploitation,” she told Sinar.

The advocate and solicitor said the situation leaves LPF unable to censor international streaming content even if it contains homosexual, obscene or culturally inappropriate elements.

She said that although there are content guidelines under the Malaysian Communications and Multimedia Commission (MCMC), these mechanisms function only as advisory tools for platform providers and do not carry firm or mandatory enforcement powers.

“As a result, MCMC can only make requests, not impose obligations,” she said.

She said this shows that while laws do exist, they do not grant the Malaysian government full authority to censor international streaming content.

In this regard, she stressed that amendments to existing laws should be considered, particularly given the rapid growth in the use of subscription video-on-demand (SVOD) services and mobile subscriptions.

Among the proposals put forward is the enactment of specific legislation for Digital Streaming Censorship, including mandating a ‘Malaysia-version content’ for local screening and requiring streaming providers to filter content according to guidelines before offering it to Malaysian users.

She also suggested empowering MCMC to direct the geo-blocking of specific episodes or content.

“With this, penalties can be imposed on platform providers if they deliberately broadcast content that clearly violates Malaysian law,” she said.

Farihah further proposed that SVOD platforms be required to comply with a compliance code, strengthen cooperation between LPF, MCMC and streaming providers, and implement user awareness campaigns as well as parental controls.

Farihah said WAFIQ, through a coalition of non-governmental organisations under MACSA, submitted a Universal Periodic Review (UPR) report related to proposed amendments to the Communications and Multimedia Act 1998 (AKM 1998), the Obscene Publications Act 1953 (Act 259) and the Film Censorship Act 2002 (APF 2002) to the United Nations in Geneva, Switzerland, during Malaysia’s Fourth UPR session in early 2024.

She said Malaysia is in urgent need of a new legal framework to regulate digital streaming in line with the increasingly dominant SVOD landscape.

Meanwhile, cybersecurity expert Aaron Ikram Mokhtar said the issue of LGBTQ content on streaming platforms does not stem from the absence of laws, but rather from weaknesses in enforcing existing regulations.

He said Malaysia already has the Film Censorship Guidelines and complaint channels through the Communications and Multimedia Content Forum of Malaysia (CMCF), which handles complaints related to inappropriate content under the Content Code.

“The primary role of CMCF is to handle complaints related to inappropriate, offensive or harmful content in the communications and multimedia industry.

“This includes content with offensive or obscene elements, extreme violence, content unsuitable for children, misleading information, excessive sensationalism in news reporting, as well as content that violates cultural or religious sensitivities,” he said.

Aaron said video-on-demand platforms such as Netflix, Disney+ Hotstar and Viu have become popular in Malaysia due to viewing-on-demand convenience, content variety, affordable pricing, mobile usage culture, looser censorship and strong ‘hype’ culture.

However, he stressed that LGBTQ-related content that falls under prohibited categories should be enforced against, although action can only be taken after complaints are lodged.