PART 5 SPECIFIC ONLINE GUIDELINES 1.0 Scope and Coverage 1.1 In adhering to this and the relevant parts of this Code, no action by Code subjects should, in any way, contravene Section 3(3) of the Act, which states that “Nothing in this Act shall be construed as permitting the censorship of the Internet”. 1.2 Code subjects in this Part are providers of online Content or those who provide access to online content through present and future technology. These include, but are not limited to: 1.3 (a) Internet Access Service Providers; (b) Internet Content Hosts; (c) Online Content Developers; (d) Online Content Aggregators; and (e) Link Providers. “Online” is defined as a networked environment available via a connection to a network service whereby Content is accessible to or by the public whether for a fee or otherwise and which originated from Malaysia. Content, for the purposes of this Part, means Content as defined in the Act but does not include: (a) Ordinary private and/or personal electronic mail other than bulk or spammed electronic mail; (b) Content transmitted solely by facsimile, voice telephony, VOIP and which is intended for private consumption; or (c) Content that is not accessible to the public whether freely, by payment of a fee or by registration, including (but not limited to) Content made available by way of a closed Content application service or a limited content applications service as defined under Sections 207 and 209 of the Act respectively. 40

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