Internet Access Code

PART 1 : Introduction

1. Background

1.1

The Communications and Multimedia Act 1998 (CMA 1998) seeks to establish a regime of industry self-regulation, supported by fallback regulatory standards that may be administered by the Malaysian Communications and Multimedia Commission (MCMC).

1.2

Pursuant to section 189 of CMA 1998, MCMC had designated the Communications and Multimedia Consumer Forum of Malaysia (Consumer Forum) as the consumer forum in March 2001. The Consumer Forum has been given the responsibility to develop sub-codes for dealing with matters relating to the protection and promotion of consumer interests in relation to specific services including, but not limited to, the matters listed in the CMA 1998.

(a) The Consumer Forum has identified the Internet Access Service Provider Sub-Code (hereinafter referred to as the “IASP Code”) as being one of the important sub-codes for the Consumer Forum to be developed at this juncture.

(b) A permanent working committee appointed pursuant to Article 19 of the Constitution of Forum Pengguna Komunikasi dan Multimedia Malaysia made up of relevant parties from both the demand and supply side of the communications and multimedia services drafted the following IASP Code.

2. Preamble

2.1	This IASP Code is cognizant of the constant state of profound technological change that is characteristic of the communications and multimedia industry.
2.2	As technologies innovate new operating conditions, this IASP Code may need to be updated to nurture, conserve and protect the objectives of this IASP Code.

3. Objectives of the Code

3.1	To promote the free-flow of information and communications over the Internet;
3.2	To set out a code of practice for Internet Access Service Providers.
3.3	To improve the standard of conduct within the industry.

4. Definitions

4.1

All capitalised terms in this IASP Code shall bear the same definition as contained in the General Consumer Code of Practice for the Communications and Multimedia Industry Malaysia (GCC) unless specifically otherwise provided herein.

4.2

For the purpose of this Code:

“Acceptable Use Policy” or “AUP” means a policy defined by the Service Provider as to the acceptable nature of use of a service subscribed.

“Child” means all persons under the age of 18 years as defined by the Child Act 2001.

“Code” means this IASP Code.

“Consumer Forum” means the Consumer Forum of Malaysia set up pursuant to the CMA 1998.

“CMA 1998” means the Communications and Multimedia Act 1998 including any amendments thereto from time to time.

“Consumer” means a person who receives, acquires, uses or subscribes to the Internet access service provided by any Service Provider. This includes a Customer.

“Customer” means a person who, for consideration, acquires or subscribes to the Internet access service provided by any Service Provider.

“GCC” means General Consumer Code of Practice for the Communications and Multimedia Industry Malaysia.

“Guardian” means natural parent or any person having care and control over a child.

“Internet” means a global information system that is able to support communications using the Internet Protocol (IP) suite or its subsequent extensions/follow-ons, and/or other IP-compatible protocols.

“Internet Access Service” means an applications service whereby a person is able to access Internet services and applications.

“Internet Access Service Provider” or “IASP” means a person who provides Internet Access Service.

“MCMC” means the Malaysian Communications and Multimedia Commission established under the
Malaysian Communications and Multimedia Commission Act 1998.

“Personal Information” means any information collected by the Service Provider from the Customer that identifies the Customer.

“Service Provider” means the service provider as set out in Section 5.1 (Part 1).

“Spam” means unsolicited electronic messages sent through various communication modes including but not limited to e-mails, mobiles short message (SMS) or instant messaging services where there is no prior relationship between the sender and the recipient regardless of content whether commercial or non-commercial messages including malicious program and/or data.

“Website” means a file that contains text, audio and/or visual data accessible on the World Wide Web by a
single Uniform Resource Locator (URL).

“World Wide Web” means the network of websites accessible on the Internet using including, but not limited to, the Hypertext Transfer Protocol (‘http’).

5. Scope

5.1	This Code shall be applicable to the following:- IASPs Other persons or class of persons as may be directed by MCMC; and Members of the Consumer Forum. (For the purposes of this IASP Code, the code subjects shall be referred to as “Service Providers”.)
5.2	This IASP Code may be amended from time to time.
5.3	This IASP Code is developed pursuant to Clause 6.2, Part 1of the GCC to address the specific needs of the Internet services industry.
5.4	This IASP Code is to be read in addition to and not in derogation of the GCC. The GCC will govern all sub-codes unless expressly otherwise provided in the sub-codes.
5.5	This IASP Code shall come into effect upon registration in accordance with the CMA 1998. However, Service Providers shall be granted a grace period of six (6) months, or such period as may be extended by the Council of the Consumer Forum to comply with the provisions of this IASP Code.

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