23 June, 2016

Topik 2 Media dan undang-undang

Topik 2 Media dan undang-undang
LEARNING OUTCOMES


By the end of this topic, you should be able to:


1. Elaborate on what is meant by media laws; and

2. Discuss the doÊs and donÊts as prescribed by the six legislations.



INTRODUCTION



This topic discusses various laws affecting media practitioners and organisations.

There are several pieces of legislations that are dubbed as media or press laws but

in reality, every individual and entity in Malaysia are subjected to it.



With an understanding of these laws, media practitioners will be conscious of the

legal environment they are working in. To journalists, these laws will make them

more conscientious and aware of the implications of their actions.



2.1        MEDIA LAWS

ACTIVITY 2.1



     „...A   British   newspaper   faces   being   silenced   by   a   German   court   after

     publishing  allegations  about  the  private  life  of  Chancellor  Gerhard

     Schroeder..." (BREAKINGNews.ie, 2003)



     Based on the above statement, do you know any laws that regulate media

     practitioners in Malaysia? Discuss.



Media   laws   refer   to   a   set   of   laws   that   regulate   media   and   practitioners   alike.

These federal laws are legal documents that have been enacted by Parliament as

provided by Article 10(2)-(4) of the Federal Constitution. As Federal laws, every

citizen of this country and the various organisations are also subject to its content.

The set of legislations dubbed media laws are (refer to Figure 2.1):


Figure 2.1: The set of legislations dubbed media laws



It would be a grave error to state that these are the only laws that have an effect

on the working of media practitioners and organisations. There are other laws of

interest to the media professionals but it is beyond the scope of this module. This

topic    focuses    on  the   above    set  of  legislations    so  as  to  ensure    that  budding

reporters are well aware of the important provisions of the respective laws.



Some of these legislations cover a wide scope of organisations and people and not

necessarily media organisations and practitioners only. Thus it is a misnomer to

dub these legislations as media laws.



For example, the Printing Presses and Publication Act 1984, casts a wide net on all

type of printing businesses and not only on printing of mass media. The Official

Secret    Act   1972   covers    a  wide    spectrum     of  people,    including    civil  servants

working   in   the   various   Government   ministries   and   agencies.   The   Sedition   Act

1948   also   is   enforced   on   all   acts   pertaining   to   seditious   tendency   and   thus   it   is

subjected to everyone living in Malaysia.



In other words, laws are enacted and subjected to everyone living in a particular

country and they do not differentiate offenders by the colour of their skin, status,

or creed. It is our duty as citizens of this country to know the various legislations

that   confer   us   our   rights   and   privileges.   Accepting   these   rights   and   privileges

means that we agree to uphold and respect the Federal Constitution and the laws.



It is a widely known maxim that ignorance is not a defence in a court of law and

as   faithful   citizens    of  this  country;    we    are   expected    to   know    the   various

legislations. As citizens of Malaysia, we ought not to be complacent, less so if we

intend   to   be   conscientious   and   responsible   journalists   contributing   towards   the

development of the nation.


ACTIVITY 2.2


To   know   more   about   the   various   legislations,   surf   PNMB   LawNet   at:
http:/www.lawnet.com.my


From the website above, what do you understand about the role of PNML
Lawnet? Discuss with your classmates.


SELF-CHECK 2.1


What   are   media   laws?   State   five   reasons   why   these   are   important   to
media practitioners.


2.2          PRINTING PRESSES AND PUBLICATION ACT 1984 (ACT 301)


The Printing Presses and Publication Act 1984 was enacted to regulate the use of   printing   presses   and   the   printing,  importation,   production,   reproduction, publishing     and   distribution    of  publications   and    for  matters   connected therewith.



With the enactment of this Act, the Printing Presses Act 1948 and the Control of

Imported      Publications   Act   1958   are  repealed.   The   current   Act  covers   three

important areas (see Figure 2.2):


Figure 2.2: Three important areas of the Printing Presses Act 1948



Let us now discuss the areas one by one.



(a)    Printing Presses
One of the purposes of this Act is as a vehicle to regulating ownership and
operation of printing presses in this country.


Printing   press   is defined   as  a machine,    equipment     or  article of  the
type described in Schedule I. Schedule I includes the following printing
equipment      such   as  letterpress,  lithography,   gravure,   intaglio   or  any
other process printing capable of printing at a rate of 1,000 impressions
per hour or more.



The following are various legislations related to printing presses.


Section 3(1)  Licence for printing press


Section 3(1) of the Printing Presses and Publication Act 1984 states that:


No    person    shall  keep   for  use   or  use  a  printing    press  unless   he   has  been
granted a licence under subsection (3)


There is an exception though to the above rule. Section 3(8) waives licensing
requirement if the press is used for engraving or the printing of any visiting or
business     cards,  billhead    or  letter  heading,    or  any   letter,  memorandum        or
document       in  the   ordinary     course    of  business,    not   being   a   printing    or
publishing house.


Section 3(3)  Absolute discretion of the Minister


Section 3(3) further states that the Minister has absolute discretion in granting
anyone a licence to keep or use a printing press for such period as specified in
the   licence.   The   granting   of   a   printing   press   licence   is   subjected   to   a   deposit
which can be forfeited if the accused is convicted under Section 3(4) of the said
Act. Ownership of a printing press without licence is an offence, Section 3(4)
and anyone found guilty can be sentence to imprisonment not more than three
years or fine not exceeding RM20,000 or both.


Section 5(5)  Forfeited


Section 5(5), the printing press that is kept for use or used in respect of which
no    licence   has  been    granted   can   be  forfeited   by   the  court   whether    or  not
anyone has been convicted of any offence.


Printing for unlawful purpose is also a crime under Section 4(1) that states:


Section 4(1)  Unlawful Printing


Any   person   who   prints   or   produces,   or   causes   or   permits   to   be   printed   or
produces by his printing press or machine any publication or document:


(a)    Which is obscene or otherwise against public decency; or


(b)    Which   contains   an   incitement   to   violence   against   persons   or   property,
counsels disobedience to the law or to any lawful order or which is or is
likely to lead to a breach of the peace or to promote feelings of ill-will,
hostility, enmity, hatred, disharmony or disunity.


Those found guilty of such acts on conviction are liable to imprisonment not
more than three years or a fine not exceeding RM20,000 or both. The printing
press that is used for publication of an offence under Section 4(1) can also be
forfeited whether or not anyone has been convicted of any offence.


Section 12(1)  Validity period for licence


Section 12(1) states that the validity period for such licence is for a period of
twelve   months   or   shorter   as   may   be   specified   in   the   permit.   We   will   discuss
this further in the next topic.


ACTIVITY 2.3


Another site with the listing of all the various legislation is:
www.lawsofmalaysia.com


This site boasts that it is the only complete and authoritative organisation
to offer more than 700 Federal Acts of Parliament currently in operation
in Malaysia. From the website, try to search for the Printing Presses and
Publication Act 1984. How many sub-legislation falls under the Printing
Presses and Publication Act?


For   those   living   in   Kuala   Lumpur,   you   could   buy   copies   of   the   various
legislations at:


Percetakan Nasional Malaysia Berhad
Jalan Chan Sow Lin.
50554 Kuala Lumpur


SELF-CHECK 2.2


Are all publishers required to apply for a permit before they can start a
new publication? Why? Explain.



(b)    Permits for Publishing Newspapers
Before   printing   and   publishing   a   newspaper,   a   publisher   would   have   to have a valid publication permit.


In   this   Act,   a   newspaper   is   defined  as   any   publication   containing   news,
intelligence,     reports    of  occurrences     or   any    remarks,     observations     or
comment,  in  relation to such news, intelligence  or  occurrences,  or to  any
other matter of public interest, or any magazine, comic or other forms of
periodical printed in any language for sale or free distribution at regular or
irregular intervals, but does not include any publication published by or for
the Federal or any State Government or the Government of Singapore.


The    following     are   various    legislations    related   to  permits    for   publishing
newspapers:


Part II, Section 5  Print, import, publish, etc. without permit


Without the permit, Part II, Section 5 of the Act makes it an offence to print,
import, publish, sell, circulate or distribute newspaper or offer to publish, sell,
circulate or distribute any newspaper printed in Malaysia or Singapore.


Section 5(2)(b)  Conviction without permit


Section 5(2)(b) states that those convicted with printing a newspaper without a
permit or where the permit has been revoked are liable to imprisonment for
term not exceeding three years or fine not more than RM20,000 or both.


Section 5(2)(b) states that those convicted with printing a newspaper without a
permit or where the permit has been revoked are liable to imprisonment for
term not exceeding three years or fine not more than RM20,000 or both.


Section   5(2)(b)  maintains   that   the  same   sentence    can  be  imposed    to  those
convicted   with   the   offence   of   importing,   publishing,   selling,   circulating,   or
distributing,    or  offers  to publish,    sell,  circulate,  or  distribute,  or  has   in
possession     for  any  such   purpose,    any   newspaper     printed   in  Malaysia    or
Singapore that has not been granted a permit or with a revoked permit.


Part II, Section 6(1)(a)  Absolute discretion to grant a permit


Part II, Section 6(1)(a) gives the Minister of Home Affairs absolute discretion to
grant any person a permit to print and publish a newspaper in Malaysia. The
Minister     has  total  discretion   to  grant   any   proprietor   of  any   newspaper      in
Singapore a permit to import, sold, circulate or distribute into Malaysia.


Section 12(1)  Validity period for a permit


Section 12(1) states that the validity period for such permit is for a period of
twelve months or shorter as may be specified in the permit. According to the
Printing Presses and Publications (Licences and Permit) Rules, 1984, the permit
number   of   a   publication   shall   be   printed   immediately   below   the   title   of   the
newspaper.


Section 6(2)  Revoke or suspend a permit


Section 6(2) allows the Minister to revoke or suspend a permit for any desirable
period of time.


Section 13A  Final decision of the Minister


In respect of granting, revoking or suspending of a printing press licence or a
publication permit, Section 13A of the Act grants any decision of the Minister
as   final.   The   decision   shall   not   be   called   in   question   by   any   court   on   any
ground whatsoever.



(c)    Control of Undesirable Publications
The following are various legislations related to the control of undesirable
publications:


Section 8(1)  Unlawful to possess any prohibited publication


In   controlling    undesirable     publications,    Section   8(1)  of  the   Act   makes    it
unlawful   for   anyone   to   possess   any   prohibited   publication.   Upon  conviction,

          the offender is liable to a fine not exceeding RM5,000.




Section 8(2)  Unlawful to print, import, produce, etc. any prohibited publication



Section     8(2)   makes     it  an   offence    for  anyone     to   print,   import,    produce,

reproduce,   publish,   sell,   issue,   circulate,   offers   for   sale,   distributes   or   in   his

possession   prohibited   publication.   Upon  conviction,   the   offender   is   liable   to

imprisonment         for  a  term   not   exceeding     three   years   or   fine  not   exceeding

RM20,000 or both.



Section 8A(1)  Publishing false news



It is also an offence to publish false news under this Act. Section 8A(1) states

that the printer, publisher, editor and the writer of a publication that publishes

false news upon conviction is liable to imprisonment for a term not exceeding

three   years   or   fine   not   more   than   RM20,000   or   both.   It   is   also   an   offence   to

publish      false  news    under     this  Act.   Section    8A(1)   states   that   the  printer,

publisher,   editor   and   the   writer   of   a   publication   that   publishes   false   news

upon conviction is liable to imprisonment for a term not exceeding three years

or   fine   not   more   than   RM20,000   or   both.   Those   charged   for   publishing   false

news under this Act will have to show proof that every measure was taken to

verify   the   truth   of   the   news   before   publishing   it.   Section   8A(2)   of   the   Act

assumes   that   publishing   of   the   false   news   is   done   with   malice.   Legal   action

against   those   accused   with   maliciously  publishing   false   news   can   only   be

done with a written consent from the Public Prosecutor, Section 8A(3).



Section 8B  Suppressing publication



The Act also empowers the authority to suppress publication for a period not

exceeding six months upon the application of the Public Prosecutor. The order

to suppress can be applied if anyone found guilty of any offence by any court

in respect of anything published in the publication, Section 8B.



Section 9(1)  Withheld imported publication



Imported publication can be withheld for delivery or returned to the sender by

an order from the Minister. Section 9(1) states that importation may be refused

if  any    article,  caricature,   photograph,      report,   notes,   writing,    sound,    music,

statement   or   any   other   thing   in   any   publication   that   is   prejudicial   to   public

order,     morality,     security,    or   relationship     with    any    foreign    country     or

government.


ACTIVITY 2.4


In your opinion, as an owner of an outlet offering photo-stating services
are   you   also   under   the   purview   of   the   Printing   Presses   and   Publishing
Act? Discuss.



2.3          OFFICIAL SECRETS ACT 1972 (ACT 88)


SELF-CHECK 2.3


If you were to find an envelope similar to the above, what would you
do?


? Open it, read the contents and keep it?

? Destroy it?

? Give it to a media organisation? or

? Hand it to the police?



The Official Secrets Act is enacted to revise and consolidate the law relating to the

protection    of  official  secrets.  With  the enforcement    of  this  Act,  three  related

legislations have been repealed as shown in Figure 2.3:

Figure 2.3: Three related legislations have been repealed in the Official Secrets Act



The following are the explanation of related factors with the Official Secrets Act.



(a)    Official Secret
„Official   secret‰    is  defined   Section    2  of  the  said   Act   as  any    document
specified in the Schedule and any information and material relating thereto
and includes any other official document, information and material as may
be   classified   as   ÂTop   SecretÊ,   ÂSecretÊ,   ÂConfidentialÊ,   or   ÂRestrictedÊ   as   the
case may be, by a Minister, the Menteri Besar or Chief Minister of a State or
such appointed public officer.



(b)    Documents
Documents       specified    in  the  Schedule     are  cabinet    documents,      records    of
decisions     and    deliberations     including   those    of  cabinet    committees;      state
executive      council     documents,       records     of   decision     and    deliberations
including      those   of   state  executive     council    committees;      and   documents
concerning national security, defence and international relations.



(c)    Official and Public Service
The   Act   further   clarifies   the   meaning   of   „official‰   as   anything   relating   to
public   service.   „Public   service‰   is   further   defined   as   any   public   services
referred   to   in   Article   132   of   the   Federal   Constitution,   any   local   authority,
any statutory authority, any person, authority, body declared by Minister to
be so, and in times of war, any government department of an allay.


The main objective of the Act is to  ensure that government secrets do not
fall into the wrong hands. The Act makes it an offence for anyone to receive,
retain, release, transfer, publish, copy, collect, record or use any document
whether   fully   or   partially,   that   is   labelled   as   official   secret   without   prior
authorisation.


Members of the media should be aware  of this particular provision of this Act   because   it   prohibits   them   from  communicating   content   obtained   from
an   official   secret   document   whether   in   full   or   partially.   In   other   words,
writing a news item or broadcasting its content on television, radio or over
the   Internet   is   a   direct   violation   of  the   Act.   Even   though   the   information
contained in an official secret document may be newsworthy, it would be
an offence to use even part of it for a news item.


ACTIVITY 2.5


You   are   a   student   at   a   public   university.   You   are   going   to   sit   for   an
examination        tomorrow.      A   friend    offers   you    a   copy    of  tomorrowÊs
examination   paper.   Will   you   be   committing   an   offence   if   you   accept   it?
Discuss with your classmates at myVLE.



Even   though   media   practitioners   should be   aware   of   the   consequences   of   such

actions, this does not mean that the Act is directed solely at them. In fact, the Act

is   applied   to   all   persons   whether   citizens   and   non-citizens,   former   and   present

government         officials  or   employees,      directors    of  companies      and    corporations

having dealings with the government. Everyone is prohibited from doing any of

the    above    acts  and    everyone     should    report   if  they   receive   any   official   secret

documents to the police and surrender it to them.



The following are the legislations related to official documents:


Section 2A


Section 2A allows the Minister to add, delete any of the provision for the schedule.
Any    public   officer  appointed    with   a  certificate  can  be  instructed   to  classify  any
official documents as ÂTop SecretÊ, ÂSecretÊ, ÂConfidentialÊ, or ÂRestrictedÊ.


Section 2C


In Section 2C, authority to declassify any official document is vested with a Minister
or public officer responsible with any Ministry, department or Menteri Besar or Chief Minister or principal officer in charge of administrative of a State.



The Act allows court proceedings to be held in camera as stipulated in Section 27.

In camera means that a court proceeding is held behind closed doors and members

of the public are barred from entering the courtroom. The public can be excluded

from proceedings if the prosecution applies on the grounds that publication of the

evidence is prejudicial to the safety of Malaysia.

ACTIVITY 2.6


"...We   live   in   the   time   where   we   have   fictitious   election   results   that   elect   a

       fictitious president. We live in a time where we have a man whoÊs sending us

       to war for fictitious reasons, whether itÊs the fiction of duct tape or the fiction

       of orange alerts. ... We have a man sending us to war for fictitious reasons.      We

       are  against  this  war,  Mr.  Bush.  Shame   on  you,  Mr.   Bush, shame on you.‰


„CNN.com, 2003‰


Above     is  the  partial  speech    made   by    the  Academy      Awards     Winner,
Michael     Moore,    lambasting     President   George    Bush    on  his  decision    of
attacking Iraq. Do you think the above speech is seditious? Discuss.



The Sedition Act 1948 is enacted to provide for the punishment of sedition.


Section 2 of the Act states that „seditious‰ when applied to or used in respect
of any act, speech, words, publication or other thing qualifies the act, speech,
words,    publication or other thing as one having a seditious tendency.



In other words, hostility, ill will and dissatisfaction need not occur before action

for sedition can be taken. The prosecutors need only to prove that the words have

seditious tendency.



What constitutes seditious tendency?



Section 3 of the Act states any act, speech, word, publication or other thing that:



(a)    To bring into hatred or contempt or excites dissatisfaction against any Ruler
or government;



(b)     To  excite   the  subjects   of  any   Ruler   or  the   inhabitants    of  any   territory
governed by any Government to attempt to procure in the territory of the
Ruler   or   governed   by   the   Government,   the   alteration,   otherwise   than   by
lawful means, of any matter as by law established;



(c)     To   bring   into   hatred   or   contempt  or   to   excite   dissatisfaction   against   the
administration of justice in Malaysia or in any State;



(d)    To   raise   discontent   or   dissatisfaction  amongst   the   subjects   of   the   Yang   di-
Pertuan   Agong   or   of   the   Ruler   of   any  State   or   amongst   the   inhabitants   of
Malaysia or in any State;



(e)    To    promote      feelings    of  ill-will and     hostility   between      different    races   or
classes of the population of Malaysia; or



(f)     To   question     any   matter,    right,  status,   position,    privilege,    sovereignty      or
prerogative   established   or   protected   by   the   provisions   of   Part   III   of   the
Federal Constitution or Article 152, 153 or 181 of the Federal Constitution.



What are the acts that do not constitute sedition?



It is not considered seditious, if it involves any of the following acts:



 (a)    To show that any Ruler has been misled or mistaken in any of his measures;



 (b)    To point out errors or defects in any Government or constitution as by law
establish   (except   in   respect   of   any   matter,   right,   status,   position,   privilege,
sovereignty or prerogative referred to as sensitive issues;



 (c)     To   persuade     the   subjects    of  any   Ruler    to  attempt     to  procure     by  lawful
means the alteration of any matter in the territory of such Government; and



 (d)    To    point   out   with    a  view    to  remove     any    matters    producing      or   having
tendency to produce feelings of ill-will an enmity between different races or
classes of the population.


Section 4(1)-(2)  Punishment of sedition


The Act provides for the punishment of sedition. Section 4(1)-(2) of the Act makes it
an offence to make preparation or conspires to act in a manner as having seditious
tendency,   utter,   print   or   publish   seditious  matter   as   it   is   an   offence   to   posses   or
import     seditious   materials.   For  these   offences,   the  court   may   impose     a  fine  not
exceeding RM5,000 or imprisonment for a term not exceeding three years or both.


Section 9  Suspension due to sedition


Section   9   of   the   Act   also   provides   for   the   suspension   of   newspaper   that   has   been convicted     of  sedition.   Newspapers      organisations    that  have   been   convicted    of
sedition,   the   court   may   impose   total   or   partial   suspension   of   a   newspaper;   total   or
partial involvement of newspaperÊs personnel from assisting another newspaper; or
imposing condition for use of printing press and finally seizure of printing press.


ACTIVITY 2.7


As a student leader, would you be subjected to the Sedition Act? Would
you be able to debate on any issue? What are the limitations imposed by
the Act on you?



2.5           DEFAMATION ACT 1957 (ACT 286)



The    Defamation      Act   is  enacted   to  act as   law   of  libel  and   slander    and   other

malicious falsehoods. The Oxford Concise Dictionary of Law defines defamation

as:


"Publication   of   a   statement   about   a   person   that   tends   to   lower   his   (or   her)
reputation in the opinion of right thinking members of the community or to
them shun or avoid him (her)".



Defamation can in certain circumstances be considered a crime. Prosecution for

criminal   defamation   is   provided   for   in  the   Penal   Code.   Criminal   defamation   is

instituted when the state is defamed.



Defamation only occurs when the words used are defamatory in the natural and

ordinary meaning or by reason of an innuendo. An innuendo refers to a special

meaning   understood   by   people   having   knowledge   of   a   particular   extrinsic   fact.

Vulgar abuse is not enough to constitute defamation.



The    defamatory      words     used   must    refer  to   the  plaintiff   whether     directly   or

indirectly     through     an  innuendo.      The   plaintiff   needs    to  show    also   that   the

defamatory   words   are   published   to   a   third   party.   The   third   party   should   be   a

reasonable person who is capable of regarding the words as defamatory.



There are two forms of defamation as shown in Figure 2.4:


Figure 2.4: Two forms of defamation



Let us now look at the two forms of defamation one by one.


(a)   Libel
Libel is to defame someone in a permanent form. Section 3, of the Act makes
provision       for   treating    broadcasting       of   words     by    means     of   radio
communication shall be considered as publication in a permanent form.


Libel is a tort. A tort is a wrongful act for which damages can be obtained in
a civil court by the person wronged. Thus, it is actionable per se .


The   following     is  the  example     of  libel  suit  filed  by   the  Japanese     Prime
Minister Yoshiro Mori against one of the magazines in Japan named Weekly
Gendai.


Japanese   Prime   Minister   Yoshiro   Mori   on   Tuesday   filed   a   libel   suit   with   the
Tokyo District    Court   against   a  magazine     which   published    an   article and
photographs allegedly      linking   him  to  a  right-wing   gangster,   Chief   Cabinet
Secretary  Yasuo Fukuda said Wednesday, December 13.


Mori is demanding the publisher of the Weekly Gendai to pay 30 million yen
(267,000     dollars)  in   damages     and   print   an  apology,    the   top   Japanese
government spokesman told a press conference.


Fukuda said the magazine „severely damaged the prime ministerÊs honour and
public   trust  by   providing    wrongful    information    that  the   prime   minister
had  close exchanges with the person in the pictures.‰ /

                                                                             PeopleÊs Daily, 2000


(b)   Slander
Slander is defaming someone not in a permanent form. In other words, it is
by   way   of   mouth.   Slander   is   different   from   libel   because   to   succeed   in   an
action for slander, the plaintiff must prove special damages. Slander is not

actionable  per     se .  Special   damages     need    not   be  proved     if  it  involves
slandering     women      (Section   4),  slander   affecting   official,  professional    or
business reputation (Section 5) and slander of title (Section 6).


The following is an example of a defamation suit made by UMNO against
opposition party information chief, Ruslan Kassim.


UMNO   took   the   first   steps   yesterday   to   silence   the   voices   of   slander   against
government leaders.


Its lawyers filed a RM10 million (S$4.47 million) defamation suit against Parti
Keadilan   Nasional   information   chief   Ruslan   Kassim   for   accusing   Datuk   Seri
Megat Junid Megat Ayob of having stashed RM80 million in banks in Israel.


They obtained a court order to restrain the opposition politician from repeating
the statement about the Consumer Affairs and Domestic Trade Minister/

                                                                           PeopleÊs Daily, 2000


ACTIVITY 2.8


1.   Can you file a suit against a person whom you feel has insulted you in a
way   that   has   ruined   your   reputation    in   the  company   that   you    are
working for? Explain.


2.   Can    you    be  accused    of  defamation,      if  you  are   merely    repeating
something that is defamatory? Explain.



2.6          PENAL CODE



The Penal Code is a comprehensive legislation that provides for consolidation of

laws relating to criminal offences. The Code covers a broad spectrum of criminal

offences but we shall focus on a few key sections that are related to the workings

of media practitioners and their organisations alike. These sections are as listed in

Figure 2.5:


Figure 2.5: Sections in Penal Code



Table 2.1 explain the various sections related to Penal Code.


Table 2.1: Various Sections Related to Penal Code


Section // Description


Section 131     Section 131 refers to abetting mutiny. The law states that whoever abets
in   the  committing      of  mutiny    shall be    liable  upon   conviction    with
imprisonment for a term up to twenty years and liable to fine.


If mutiny occurs as a consequence of that abetment, the death sentence
may     be  imposed    on   those  convicted    or  imprisonment      not  exceeding
twenty years and fine.



Section 292     Section 292 refers to various offences in relation to obscene materials. It
is an offence to sell, hire, distribute, exhibit, import or export of obscene
materials   in   the   form   of   a   book,   pamphlet,   paper,   drawing,   painting
representation or figure or any other obscene object whatsoever. Those
convicted can be punished with imprisonment for a term not exceeding
three months or with fine or both.



Section 298     Section 298 makes it an offence to utter words, make any sound or make
gesture   with   deliberate   intent   to   wound   the   religious   feelings   of   any
person.


Upon   conviction,   the   court   can   impose   imprisonment   for   a   term   not
exceeding one year, fine or both.



Section298A: Section 298A refers to acts that cause disharmony, disunity, enmity and

hatred on religious grounds either through words spoken or written; or
by signs; or visible representations are punishable upon conviction with
imprisonment not less than two years but not exceeding five years.



Section 299     Section   299   provides   for   action   to   be   taken   against   those   who   commit criminal   defamation.   Defamation   can  be   in   the   form   of   words   either
spoken or intended to be read or by signs, or any visible representations.
Upon     conviction,    those  found    guilty of   criminal   defamation     can   be
sentenced to imprisonment for a term not exceeding two years, or with
fine or both.


SELF-CHECK 2.4


What   is   the   defence  for   those   accused   of   maliciously   publishing   false
news? Explain.



? Media laws refer to a set of laws that regulate media and practitioners alike.



? To   be   an   effective   worker,   every   media   practitioner   should   have   a   working
knowledge of the various media laws that are currently being enforced in this
country.



? After       going     through     this   topic,    you    would     have    gained     rudimentary
knowledge of the various legislations discussed.



? Thus, if you are going to work with a media organisation upon graduation,
the   insight    gained    in  this  topic   would     allow    you   to  know     what    are   the
acceptable legal limits of this profession.


? The set of legislations called media laws are:


? Printing Presses and Publication Act 1984 (Act 301);


? Official Secret Act 1972 (Act 88);


? Sedition Act 1948 (Act 15);


? Internal Security Act (Act 82);


? Defamation Act 1957 (Act 286); and


? Penal Code.




Defamation Act 1957 (Act 286)                
Penal Code



Internal Security Act (Act 82)                
Permit



Libel                                        
Printing Presses and Publication Act

Media laws                                    
1984 (Act 301)



                                             
Sedition Act 1948 (Act 15)

Official and public service

                                             
Slander

Official Secret Act 1972 (Act 88)



Official secrets

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