MY content forum seeks public opinion for online alcohol ads and influencer marketing

The Communications and Multimedia Content Forum of Malaysia (CMCF) is conducting a public consultation to review and revise its Content Code 2020. This includes opinions on restricting alcohol ads to certain mediums, influencer marketing, as well as paid-for space in news programmes.

According to CMCF, there were provisions prohibiting the advertisement of alcoholic drinks and liquor in Content Code 2020. To level the playing field with print and online advertisers, Content Code 2021 states that the ads on intoxicating liquor communicated over electronic mediums based in Malaysia shall be allowed.

However, the advertising of intoxicating liquor is subject to strict restrictions (with clear provisions governing age, prohibition for Muslims, responsible drinking messages) stipulated in the Content Code 2021. Although the ads shall be allowed over electronic mediums, TV and radio continue to be strictly prohibited from advertising intoxicating liquor, CMCF said in its public consultation paper.

First introduced by CMCF in 2004, the Content Code contains guidelines and procedures for governing standards and best practices for content dissemination within the communication and multimedia industry. According to CMCF, the Content Code 2021 will expand to cover all ads over the networked medium including those by online marketplace operators and influencers, which were not specifically addressed in Content Code 2020.

The extension is to provide a catch-all provision to include ads over the networked medium to effectively offer consumer protection and ensure a level-playing field for advertisers, CMCF explained.

Stricter standards will also be imposed particularly on claims by advertisers to enhance accountability for claims, testimonials and endorsements made in ads. According to the Content Code 2021, all descriptions, claims and comparisons made in ads should be capable of substantiation, and advertisers are required to hold such substantiation ready for scrutiny without delay if and when requested. Among the list of new definitions, CMCF seeks to introduce in the 2021 edition of the code include "corporate social responsibility", "digital media", "marketing communications", "social media", "video-on-demand" and "online marketplace".

The Content Code 2021 will also introduce several provisions to cater to the growth of content within new advertisement areas, including influencer marketing, paid-for space in news, the prohibition against "switch selling", false claims of "closing down" or "moving out", use of religion in ads, and ads by a licenced gambling or betting company.

1. Influencer marketing

Ads or marketing communications that include the involvement of third parties, such as influencers, under a commercial arrangement shall be clearly disclosed as being done in exchange for payment in cash or some other reciprocal arrangement in lieu of cash. This is to ensure that influencer marketing is not used as a tool to mislead consumers.

2. Paid-for space in news

If the material or programming is in the style of the normal editorial, material or programming, whether paid for by the same or different advertisers, Content Code 2021 said particular care is needed to ensure that no part can be mistaken for the normal editorial, material or programming matter.

3. Prohibition against "switch selling"

According to the updated provisions in Content Code 2021, advertisers shall not use the technique of switch selling. They shall not market a product at specific prices, refuse to show the advertised product, or take orders for it or refuse to deliver the advertised product within a reasonable time or demonstrate a defective sample of it to promote a different product.

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4. False claim of "closing down" or "moving out"

Ads shall not falsely claim that the advertiser is about to stop trading or move premises or falsely state that a product or service, or the terms on which it is offered, shall be available only for a very limited time to deprive consumers to make an informed choice.

5. Use of religion in ads

As a general rule, the use of religion in any form of ads shall be prohibited to preserve the sanctity and sensitivities of religion which CMCF said shall not be exploited for commercial gain or have a tendency to create fear or disharmony among consumers. However, it is subject to certain exceptions allowed by law such as Halal certification and Islamic banking.

6. Ads by a licenced gambling or betting company

This provision addresses the issue of public service announcements and corporate social responsibility campaigns by licensed gambling and betting companies, especially those being published in e-newspapers. According to Content Code 2021, such messages are allowed provided that they contain either specific information for the benefit of communities or well wishes in relation to festivities or holidays. This aligns with what is currently being practised in the industry.

7. Use of children in ads

The Content Code 2021 has redefined and enhanced the provisions in CC 2020 to further enhance the protection of children’s rights in advertising. This includes, among others, ensuring that advertisements shall not condone or encourage practices that are detrimental to children's health and shall not portray or represent children in a sexual way either directly or indirectly.

According to CMCF, the amendments made to advertisements seek to address content-related issues that have surfaced as a result of the growing ad landscape and the emerging platforms they occupy.  

Join our Digital Marketing Asia conference happening from 9 November 2021 - 25 November 2021 to learn about the upcoming trends and technologies in the world of digital. Check out the agenda here. 

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