Capítulo 2. ESTADO DEL ARTE RECOPILACIÓN DE ARTÍCULOS POR TEMÁTICA:
2.4 Problemática del ruido de fondo y enmascaramiento
Aside from addressing consumer complaints received, MCMC also conducts monitoring activities in various aspects such as broadcasting content, device certification and ensuring QoS of public cellular service and network. These monitoring activities are proactive exercise in order to uphold consumer protection. Any non-compliance or offences would result in enforcement action taken against the parties concerned.
Monitoring of broadcasting content for compliance
MCMC monitors CASP (I) licensees compliance by conducting daily off-site monitoring and periodic on-site compliance visit. These monitoring and compliance assessment are conducted to ensure broadcasters comply with licence conditions, particularly with regard to the Special License Conditions and provisions of social regulation under the CMA. Such monitoring approaches have been enhanced through engagement with licensees concerned and self- regulatory channels.
Additionally, towards achieving effective regulatory governance for the industry and public, MCMC collaborates with various Ministries and Governments agencies including KKMM, Ministry of Home Affairs (MOHA), Ministry of Health Malaysia (MOH), Film Censorship Board (LPF), JAKIM and National Film Development Corporation Malaysia (FINAS). Various awareness and training programmes are conducted for all CASP (I) licensees to ensure the legal provisions concerning content broadcast by the licensees are observed and in compliance with the relevant rules. Among others, these rules are Special License Conditions of CASP (I) and also Content Code under the CMA, Film Censorship Act 2002, Medicines (Advertisement & Sales) Act 1956.
MCMC also acts on content-related complaints including addressing and resolving these complaints, and pursuing enforcement action, if necessary. As at end 2014, MCMC received a total of 50 complaints on broadcasting content. Figure 5.14 indicates that 44% were complaints related to terrestrial radio while 36% were related to terrestrial FTA TV. Both categories recorded 9% increase compared with 2013. However, complaints on subscription TV decreased by 14% in 2014 compared with 2013.
Out of total complaints on broadcasting content in 2014, 62% of complaints received were on content found to be offensive, menacing, false, violent, indecent and obscene. The remaining 38% were complaints on commercial advertisement. Most of these were related to unacceptable product and services such as betting and gambling, slimming products and false or unsubstantiated claims. In essence, we note that the industry has managed to reduce complaints on broadcasting content by 19% in 2014 compared with 2013.
MCMC Monitoring and Enforcement
Aside from addressing consumer complaints received, MCMC also conducts monitoring activities in various aspects such as broadcasting content, device certification and ensuring QoS of public cellular service and network. These monitoring activities are proactive exercise in order to uphold consumer protection. Any non-compliance or offences would result in enforcement action taken against the parties concerned.
Monitoring of broadcasting content for compliance
MCMC monitors CASP (I) licensees compliance by conducting daily off-site monitoring and periodic on-site compliance visit. These monitoring and compliance assessment are conducted to ensure broadcasters comply with licence conditions, particularly with regard to the Special License Conditions and provisions of social regulation under the CMA. Such monitoring approaches have been enhanced through engagement with licensees concerned and self- regulatory channels.
Additionally, towards achieving effective regulatory governance for the industry and public, MCMC collaborates with various Ministries and Governments agencies including KKMM, Ministry of Home Affairs (MOHA), Ministry of Health Malaysia (MOH), Film Censorship Board (LPF), JAKIM and National Film Development Corporation Malaysia (FINAS). Various awareness and training programmes are conducted for all CASP (I) licensees to ensure the legal provisions concerning content broadcast by the licensees are observed and in compliance with the relevant rules. Among others, these rules are Special License Conditions of CASP (I) and also Content Code under the CMA, Film Censorship Act 2002, Medicines (Advertisement & Sales) Act 1956.
MCMC also acts on content-related complaints including addressing and resolving these complaints, and pursuing enforcement action, if necessary. As at end 2014, MCMC received a total of 50 complaints on broadcasting content. Figure 5.14 indicates that 44% were complaints related to terrestrial radio while 36% were related to terrestrial FTA TV. Both categories recorded 9% increase compared with 2013. However, complaints on subscription TV decreased by 14% in 2014 compared with 2013.
Out of total complaints on broadcasting content in 2014, 62% of complaints received were on content found to be offensive, menacing, false, violent, indecent and obscene. The remaining 38% were complaints on commercial advertisement. Most of these were related to unacceptable product and services such as betting and gambling, slimming products and false or unsubstantiated claims. In essence, we note that the industry has managed to reduce complaints on broadcasting content by 19% in 2014 compared with 2013.
Complaints Received on Broadcasting Content 2013 – 2014
Note: Subscription TV – ASTRO, HyppTV, ABNxcess; Terrestrial FTA TV – TV3, TV9, ntv7, 8TV & TV AlHijrah; Others – General or all TV Source: MCMC
Figure 5.14 Complaints Received on Broadcasting Content Complaints Received 2013 – 2014
We note that the complaints received on broadcasting content were from public, law enforcement agencies and government agencies. They included, among others, the KKMM, MOH, FINAS, LPF Kementerian Perdagangan Dalam Negeri, Koperasi dan Kepenggunaan (KPDNKK) and CMCF.
In 2014, only one complaint was forwarded for enforcement action under CMA. Other actions taken included 14 warning/advisory letters issued to the licensees and the remaining 29 complaints received were found not to be in breach of the CMA.
Action Taken for Complaints Received 2013 – 2014
Note: Others refer to cases under work in progress which are pending feedback from JAKIM/CMCF as at end 2014 Source: MCMC
Figure 5.15 Action Taken for Complaints Received 2013 – 2014 34%
27% 35%
3%
2013
Subscription TV Terrestrial FTA TV Terrestrial Radio Others 20% 36% 44%
2014
15% 11% 61% 11%2013
FIR Warning Letter No Breach Others
2% 28% 58% 12%
2014
119
Monitoring certification of communications equipment and devices
In 2014, SIRIM QAS International Sdn Bhd (SQASI), which is the appointed certifying agency, conducted the annual market surveillance programme from 15 October to 31 December 2014. The purpose of the programme is to ensure all communications equipment and devices in the market comply with the technical codes and are safe for use.
The market surveillance programme plays a significant role as a mechanism to monitor the supply of communications equipment and devices in the market and sustain consumer and business confidence in the present conformity assessment system.
In the surveillance programme, a total of 32 devices purchased from the Central and Southern regions were tested. These devices cover 17 product categories such as hand phones, single- line phones, tablets, Wi-Fi products, walkie-talkies, GSM alarm systems, wireless audio-video senders and wireless media players. The samples went through an evaluation process which included verification of certification markings and laboratory testing to examine their compliance with the selected critical technical parameters.
Figure 5.16 shows the market surveillance results in 2014. From the 32 devices tested, 53% were found to be non-certified and 47% certified. Also, up to 72% passed the laboratory testing and 28% failed. For labelling, 37.5% of the total devices tested had valid labels, 37.5% were without label, 21% misused labels and 4% with fake labels.
Market Surveillance Results 2014
Note: *Sample model listed in the SIRIM database of certified models **Sample model not listed in the SIRIM database of certified models Source: MCMC
Figure 5.16 Market Surveillance Results 2014