SARAWAK MULTIMEDIA AUTHORITY: CURRENT FUNCTIONS AND POWERS AND THE WAY FORWARD

This article seeks to outline the establishment of the Sarawak Multimedia Authority (hereinafter referred to as “SMA”) and critically examine the extent of its limited effectiveness in serving as a supposed regulatory body over communications and multimedia matters in the region of Sarawak as compared to its counterpart, Malaysian Communications and Multimedia Commission (hereinafter referred to as “MCMC”) which has wider powers to regulate communications and multimedia matters over the entire Malaysia in general, including that of Sarawak. The purpose of this article is to compare the powers of SMA and MCMC with the aim to propose for the empowerment of the SMA with more legal enforcement powers, as it rightfully should be empowered, so that SMA can serve its purpose not only as an executive body in charge of implementing policies of the Sarawak Government, but also as an effective enforcement agency in the scope of communications and multimedia fields in Sarawak. The first section of this article provides an overview of SMA and MCMC. The second section covers the issues of the limited powers and functions of the SMA to regulate relevant communications and multimedia matters in Sarawak. The third section covers the problems of gap and conflict of the powers of SMA. The fourth section discusses comparative study that supports the proposition for law reform to empower SMA with more legal enforcement powers. The fifth section covers critical study of the way to maintain separation of powers between SMA and MCMC if SMA is accorded with regulatory and enforcement powers in future. At the end of this paper, the author offers a recommendation for law reform of empowerment of the SMA with more legal enforcement powers over communications and multimedia matters in Sarawak.