Printing Presses and Publications Act
Encyclopedia
The Printing Presses and Publications Act 1984 is a Malaysian statute
governing publishing
and the usage of printing press
es in Malaysia. It replaced the Printing Presses Act 1948 and the Control of Imported Publications Act 1958 (Revised 1972). Under the controversial law, all printing presses require a licence granted by the Home Affairs Minister, renewed every year.
20,000. A deposit made under Section 10 of the Act will also be forfeited in such a case.
in Malaysia" or "to any proprietor of any newspaper in Singapore
allowing such newspaper to be imported, sold, circulated or distributed in Malaysia." Permits are normally granted for the period of one year, and cannot be transferred without the permission of the Minister. Should one print, import, publish sell, circulate or distribute — or even offer to do any of those things — a newspaper without a permit from the Minister, it will be deemed an offense punishable by up to three years in jail and/or a fine of up to RM20,000.
The Act has been criticised for curtailing the freedom of speech
in Malaysia, which is subject to any restriction Parliament
may impose under Article 10
of the Constitution
. In particular, it has been alleged that the Act "empowers the Minister to exercise virtually total control over the print media." This criticism was intensified after a 1987 amendment to the Act established an ouster clause preventing actions of the Home Affairs Minister from being called into question by the courts
.
Despite this, High Court Justice Harun Hashim has asserted that the Home Affairs Minister's actions may be subjected to judicial review
. In the case of Persatuan Aliran Kesedaran Negara v. Minister of Home Affairs, Harun quashed the decision of the Minister to refuse Aliran, a reform group, permission to publish a Malay
publication. His decision was reversed on appeal in the Supreme Court, where Supreme Court Justice Ajaib Singh ruled that the amended section 12 of the Act did exclude actions of the Home Affairs Minister from judicial review.Yatim, p. 171.
The constitutionality of the Act has been called into question. In Public Prosecutor v. Pung Chen Choon, it was argued that the restrictions placed by section 8(A)(1) of the Act on freedom of speech violated Article 10 of the Constitution. The Supreme Court held that although the Act did restrict freedom of speech, such restrictions were permitted by Articles 4(2) and 10(2) of the Constitution, and that the right to freedom of speech was not an absolute right. While the Constitution of Malaysia
does allow freedom of speech and for the press, there is a very crucial limitation - The Constitution provides that freedom of speech may be restricted by legislation "in the interest of security (or) public order.
Hence this means the government can enact legislation to determine the way information is disseminated by the mass media industry if the government feels that the national interest has been threatened. Supreme Court Justice Edgar Joseph stated:
Although Pung's counsel presented various authorities from other jurisdictions, the Supreme Court dismissed them, holding that "the Malaysian press is not as free as the press in India
, England
or the United States of America and cases from these jurisdictions are of little relevance."
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
governing publishing
Publishing
Publishing is the process of production and dissemination of literature or information—the activity of making information available to the general public...
and the usage of printing press
Printing press
A printing press is a device for applying pressure to an inked surface resting upon a print medium , thereby transferring the ink...
es in Malaysia. It replaced the Printing Presses Act 1948 and the Control of Imported Publications Act 1958 (Revised 1972). Under the controversial law, all printing presses require a licence granted by the Home Affairs Minister, renewed every year.
Printing presses
The Act provides that it is a criminal offense to possess or use a printing press without a licence granted by the Home Affairs Minister. The Minister is given "absolute discretion" in the granting and revocation of licences, and can also restrict or ban outright publications that is likely to endanger national security interest or create social unrest. Should one possess or use an unlicensed printing press, he may be imprisoned for up to three years and/or fined up to RMRinggit
Ringgit mostly refers to the Malaysian ringgit, which is the local currency in Malaysia, but it can also refer to the Brunei dollar or Singapore dollar in the Malay language. The word ringgit was originally used to refer to the serrated edges of Spanish silver dollars widely circulated in the area...
20,000. A deposit made under Section 10 of the Act will also be forfeited in such a case.
Publishing
The Home Affairs Minister is given "absolute discretion" to grant, revoke or suspend permits "to any person to print and publish a newspaperNewspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
in Malaysia" or "to any proprietor of any newspaper in Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
allowing such newspaper to be imported, sold, circulated or distributed in Malaysia." Permits are normally granted for the period of one year, and cannot be transferred without the permission of the Minister. Should one print, import, publish sell, circulate or distribute — or even offer to do any of those things — a newspaper without a permit from the Minister, it will be deemed an offense punishable by up to three years in jail and/or a fine of up to RM20,000.
Criticism
There has been quite a debate on the Printing Presses and Publications Act 1984 in Malaysia. Although the law was meant to maintain genuine news stories, create a regulated press sector, provide legal guidelines to reporters, Some say that the legislation is restricting political discourse, silencing political opponents and manipulating the news delivered to consumers.The Act has been criticised for curtailing the freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
in Malaysia, which is subject to any restriction Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
may impose under Article 10
Article 10 of the Constitution of Malaysia
Article 10 of the Constitution of Malaysia guarantees Malaysian citizens the right to freedom of speech, freedom of assembly and freedom of association...
of the Constitution
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
. In particular, it has been alleged that the Act "empowers the Minister to exercise virtually total control over the print media." This criticism was intensified after a 1987 amendment to the Act established an ouster clause preventing actions of the Home Affairs Minister from being called into question by the courts
Courts of Malaysia
The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
.
Despite this, High Court Justice Harun Hashim has asserted that the Home Affairs Minister's actions may be subjected to judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. In the case of Persatuan Aliran Kesedaran Negara v. Minister of Home Affairs, Harun quashed the decision of the Minister to refuse Aliran, a reform group, permission to publish a Malay
Malay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...
publication. His decision was reversed on appeal in the Supreme Court, where Supreme Court Justice Ajaib Singh ruled that the amended section 12 of the Act did exclude actions of the Home Affairs Minister from judicial review.Yatim, p. 171.
The constitutionality of the Act has been called into question. In Public Prosecutor v. Pung Chen Choon, it was argued that the restrictions placed by section 8(A)(1) of the Act on freedom of speech violated Article 10 of the Constitution. The Supreme Court held that although the Act did restrict freedom of speech, such restrictions were permitted by Articles 4(2) and 10(2) of the Constitution, and that the right to freedom of speech was not an absolute right. While the Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
does allow freedom of speech and for the press, there is a very crucial limitation - The Constitution provides that freedom of speech may be restricted by legislation "in the interest of security (or) public order.
Hence this means the government can enact legislation to determine the way information is disseminated by the mass media industry if the government feels that the national interest has been threatened. Supreme Court Justice Edgar Joseph stated:
Although Pung's counsel presented various authorities from other jurisdictions, the Supreme Court dismissed them, holding that "the Malaysian press is not as free as the press in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
or the United States of America and cases from these jurisdictions are of little relevance."