In submitting a complaint, the Complainant must establish that the Respondent registered and/or is using a domain name which consists of a word or words in English, Malay or romanised Chinese (including dialects) and Indian dialects, which are sensitive to the Malaysian public, are obscene, scandalous, indecent, offensive or contrary to Malaysian public norms or policy etc.
A Domain Name is considered to be obscene where it relates to a perversion of sex or sexual activities running counter to accepted standards of morals.
A Domain Name is offensive where it hurts the feelings of groups within society, including but not limited to, where it comprises derivatives and colloquialisms of words that are offensive, including:
- derogatory terms referring to people;
- racial or ethnic slurs;
- religious slurs;
- sneering sexual (identity/preference) remarks;
- undesirable reference towards culture, society or community;
- vulgar or crude expressions that refer to the anatomy, bodily function, body by-products and gender.
The Respondent in turn, may defend his/her use of the domain name, for example, the fact that the word(s) making up the Domain Name are widely accepted and used by the Malaysian public or that he/she has recognized rights and legitimate interests in the Domain Name e.g. a company or business or trademark registered in Malaysia by that name or that the Domain Name is directly related to the lawful content, goods and/or services provided by the resolving website or the Domain Name is capable of double meaning which relates to the lawful content, goods and/or services provided by the resolving website.
(For more information, please refer to paragraph 5 and 6 of SNDRP Policy).