Peguam Negara Malaysia v. MKINI Dotcom Sdn Bhd & Anor 466 [2021] 2 MLRA [110] For all the reasons elucidated above, we are firm in our view that the explanation of the respondents on lack of knowledge has failed to cast a reasonable doubt on the applicant’s case. The 1st respondent had also failed on a balance of probabilities, to rebut the presumption of publication on the ground that it has no knowledge of the impugned comments. The Communications And Multimedia Content Code [111] Learned counsel for the respondents in their revised submission had sought to rely on the Malaysian Communications and Multimedia Content Code (‘the Content Code’) contending that the law as it stands does not require Malaysiakini as an internet content provider to censor comments prior to their being uploaded. Reliance was placed on s 1.1, Part 5 of the Content Code which states: “In adhering to this and relevant parts of this Code, no action by Code subjects should, in any way contravene s 3(3) of the Act, which states that “Nothing in this Act shall be construed as permitting the censorship of the Internet””. [Emphasis Added] [112] Malaysiakini considers itself an “Internet Content Hosting Provider (‘ICH’)” under s 10.0, Part 5 of the Content Code. They claimed that the responsibility for any content of a publication primarily rests with the creator of the content. It is not required to monitor activities. Essentially, it construed the above section to say that the liability of the third-party comments does not rest with them. [113] The relevant provisions of the Communications and Multimedia Act 1998 (‘CMA’) and the Content Code require our close examination. The CMA is “an Act to provide for and to regulate the converging communications and multimedia industries, and for incidental matters”. CMA seeks to provide a generic set of regulatory provisions based on generic definitions of market and service activities and services. The Content Code is an example of the said regulatory provisions, created pursuant to s 213(1) of CMA by the Communications and Multimedia Content Forum Malaysia (“the Forum”). [114] Section 3.1, Part 1 of the Content Code, states that the Code has an overriding purpose of providing guidelines relating to online contents. The regulation of online contents is made through self-regulation by the communications and multimedia industry in a practical and commercially feasible manner while fostering, promoting and encouraging the growth and development of the industry. [115] Section 6.0, Part 1 of the Content Code stipulates that the Code shall take effect upon the registration of an online content provider with MCMC. Any non-compliance or breach of the Code entails enforcement by MCMC and may render a person liable to a fine.