Legal arsenal intact

The Printing Presses and Publications Act
Despite Government assurances of increasing openness and media freedom, the Printing Presses and Publications Act 1984 (amended 1987) remains unchanged. This concentrates licensing power in the hands of the Internal Security Minister. No appeals to decisions to grant, withhold or withdraw licenses can be challenged in court.

In 2004, Malaysiakini.com was still not granted a print license, having submitted an application two years earlier. In addition, the trial of human rights defender Irene Fernandez for printing false news with malicious intent continues. In 2003, she was found guilty and sentenced to a year's imprisonment for holding a press conference on the conditions faced by migrant workers in detention camps. Despite her appeals for a speedy conclusion to the trial, no date has been set for the appeal.

Increasing concentration of media ownership
Malaysia has no laws on cross-media ownership, and a vaguely defined provision on prevention of monopoly control of the airwaves or Internet Service Providers in the Communications and Multimedia Act 1998. This year saw increasing cross-ownership of the media alongside the emergence of media conglomerate Media Prima Sdn Bhd.

Independently owned private radio stations Red FM and sister station 988 FM were bought over by The Star newspaper's parent company, which now owns a major share of the Chinese language newspaper market, the English language daily newspaper market and two radio stations.

However, the major developments concerned the consolidation of Media Prima, which now owns major sectors of both the Malay and English language newspaper and magazine markets, two free-to-air television stations and Malaysia's second pay-TV service, due to be launched in June 2005. It is also making a bid for another free-to-air TV station, Channel 9, and a radio station, THR.

The State-owned television and radio stations also made further moves towards corporatisation, using the need to provide commercially successful fare as the reason for increased foreign programming.

Malaysia urgently needs legislation to protect and promote diversity in the media. Currently there are no non-commercial, public service media outlets.

Closing
Malaysia's legislative environment prevents media freedom from being a reality in Malaysia. Licensing laws restrict freedom of expression, there are no guarantees of freedom of information. Despite a slight improvement in the nature of investigative and public interest reporting in the last year, the media remain subservient, with self-censorship a serious problem. A comprehensive review of laws governing the media is required if the government is to achieve its stated intention of improving media freedom. This would also help achieve other policy aims such as fighting corruption and increasing openness.