Step forward: If implemented with conviction and grounded in democratic values, the MMC can become a cornerstone institution, says the writer. — Bernama
RECENTLY, I wrote an article arguing that the media functions as the fourth pillar of democracy. I remain concerned that many Malaysians are still unaware of its critical role. The other three pillars – the Executive, Legislature and Judiciary – each enjoy clear constitutional or statutory protections enabling them to perform their functions effectively. But what about the media? Who safeguards its ability to scrutinise power, inform the public, and serve as a watchdog?
With the establishment of the Malaysian Media Council (MMC) under the Malaysian Media Council Act 2025 (Act 868), Malay-sia has taken an important step towards safeguarding media independence while enhancing ethical journalism. The council now exists as a statutory body with its own corporate identity, board representation from media and public stakeholders, and the authority to set professional standards and resolve disputes within the industry.
The key question ahead is this: How do we ensure that the MMC truly protects the press as a guardian of democracy – and does not inadvertently become another mechanism of restraint?
What this new framework promises
Structurally, the Act is significant. It formalises a self-regulatory mechanism in which industry members themselves – rather than the government – are entrusted with promoting professional standards. In this sense, it is similar to the Legal Profes-sion Act 1976, which establishes the Bar Council to govern lawyers and uphold justice. Likewise, the MMC is now empowered to set standards that protect both the public and the integrity of the media profession.
Among the core functions provided under the Act are:
> Establishing a code of conduct for journalists and media organisations.
> Acting as a grievance resolution body, including mediation of complaints.
> Encouraging ethical, responsible reporting in line with public interest.
> Enhancing training and capacity-building in the media industry.
> Serving as a bridge between media, government agencies, and the public.
> Making recommendations for improvements to media-related laws and policies.
This structure signals a shift from state-dominant control towards industry-led accountability – a model adopted in many mature democracies. If implemented with integrity and transparency, the MMC can strengthen public trust in journalism and make it harder for powerful actors – political or corporate – to suppress information that the public has a right to know.
But media freedom still faces vulnerabilities
A self-regulatory system will only succeed if it remains genuinely independent. Malaysia’s media landscape has long been shaped by restrictive laws, licensing requirements, and episodes of political pressure. This history means the MMC must be guided carefully to avoid old patterns resurfacing in new forms. Several areas of potential vulnerability require attention.
> Over-regulation may lead to self-censorship: A code that is too broad or sanctions that are too heavy can unintentionally discourage investigative journalism and weaken public-interest reporting.
> Political influence must be guarded against: Any perception of political interference in appointments or decisions could undermine the council’s credibility and public confidence.
> Legacy laws still pose a risk: Acts such as the Printing Presses and Publications Act, the Official Secrets Act, and broad sedition or defamation provisions continue to shape the environment in which journalists operate. Unless these are reviewed or harmonised with the spirit of the Media Council Act, the media may continue to operate under outdated constraints.
> Ambiguity creates uncertainty: Definitions in the code of conduct must be precise. Vague standards open the door to misuse and can discourage legitimate criticism and robust debate.
For the MMC to fulfil its purpose, these vulnerabilities must be acknowledged openly and addressed with principle and clarity.
A shared responsibility going forward
If the media is to function as the fourth pillar of democracy, then its strength must come not only from formal structures but from a culture that values truth, transparency, and accountability. The establishment of the MMC provides the backbone for such a culture – but its success will depend on how the council exercises its authority, how journalists uphold their responsibilities, and how the public perceives and supports ethical journalism.
Just as the Bar Council is expected to uphold justice without fear or favour, the Media Council must cultivate a similar spirit of independence and integrity.
One of its most crucial responsibilities should be to provide continuing education for media practitioners – not only on ethical standards but also on the areas of law that intersect with journalism, such as defamation, contempt, privacy, national security, and constitutional liberties. A well-informed media is better equipped to report courageously and responsibly.
Equally important, the council should help educate the public on the multifaceted role of the media. When citizens appreciate how journalism protects their rights, strengthens institutions, and checks abuses of power, they become allies in safeguarding press freedom.
To succeed, the MMC must remain guided by three core principles: independence, integrity, and inclusiveness.
Independence ensures freedom from political or corporate influence.
Integrity builds public trust.
Inclusiveness ensures that practitioners, civil society, and the public help shape the future of media regulation.
The Media Council Act marks an important beginning. If implemented with conviction and grounded in democratic values, the MMC can become a cornerstone institution – one that protects public-interest journalism, enhances professionalism, and ensures that no one holds power without scrutiny.
Ultimately, a nation becomes stronger when its media is free, responsible, and fearless. The question before us is not merely how we regulate the media, but how we empower it to serve the rakyat – without fear, without favour, and with an unwavering commitment to the truth.
Senior lawyer Dato Sri Dr Jahaberdeen Mohamed Yunoos is the founder and chairman of Yayasan Rapera, an NGO that promotes community-based learning activities and compassionate thinking among Malaysians. The views expressed here are entirely his own.
