[2021] 2 MLRA Peguam Negara Malaysia v. MKINI Dotcom Sdn Bhd & Anor 467 Compliance Of The Code A Defence [116] Malaysiakini first argued that it is not mandatory to comply with the Content Code but yet contended that compliance with the Code is a defence against any action or prosecution in court or other forum as provided in ss 98 and 99 of CMA. It is the 1st respondent’s case that they are not required to monitor the activities of users and subscribers until being prompted by complaints. Hence it was contended that the 1st respondent was not in breach of the Code. It was further contended that the 1st respondent had complied with it, thereby affording it a defence under the law. [117] The contention of the 1st respondent above is bereft of merit and had, in our view, disregarded the overarching intent of the Content Code. The scope of the Content Code must be interpreted in the light of its general principles as provided in s 2.0. The Code declares that there are sets of general principles that must apply to all that is displayed on or communicated and which is subject to the Act. This includes: i. the need to balance between the desire of the viewers, listeners and users to have a wide range of Content options and access to information on the one hand, and the necessity to preserve the law, order and morality on the other; ii. the principle of ensuring that Content shall not be indecent, obscene, false, menacing or offensive; and iii. to ensure the content contains no abusive or discriminatory material or comment on matters of, but not limited to, race, religion, culture, ethnicity, national origin, gender, age, marital status, socio economic status, political persuasion, educational background, geographic location, sexual orientation or physical or mental ability, acknowledging that every person has a right to full and equal recognition and to enjoy certain fundamental rights and freedoms as contained in the Federal Constitution and other relevant statutes. [118] Section 5.0 prohibits content that contains hate propaganda, which advocates or promotes genocide or hatred against an identifiable group. Such material is considered menacing in nature and is not permitted. Information which may be a threat to national security or public health and safety is also not permitted. [119] Section 6.0 prohibits bad language. Under s 7.0, it is stated that content which contains false material and is likely to mislead due to incomplete information is to be avoided. Content providers must observe measures outlined in specific parts of the Code to limit the likelihood of perpetuating untruths via the communication of false content. [120] Apart from this, it must also be noted that under s 10.1, Part 5 of the Code, Malaysiakini must ensure that its users or subscribers are aware of the requirement to comply with Malaysian law including, but not limited to the