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
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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