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PRINTING PRESSES AND PUBLICATIONS ACT 1984

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ainun rochman

on 27 May 2015

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Transcript of PRINTING PRESSES AND PUBLICATIONS ACT 1984

PRINTING PRESSES AND PUBLICATIONS ACT 1984
in Malaysia
Introduction
Printing Presses and Publications Act 1984 governs the publishing and usage of printing presses in Malaysia.

It replaced the Printing Presses Act 1948 and the Control of Imported Publications Act 1958 (Revised 1972).
Printing Press and Publication Act 1984
- An
Act to regulate
the use of printing presses and the printing, importation, production, reproduction, publishing and distribution of publications and for matters connected therewith.

- It consists of
27 sections and 5 parts
.

Section 4(1)
Printing press used for unlawful purpose
(a) which is
obscene
or otherwise
against public decency
; or

(b) which contains an
incitement to violence
against persons or property, counsels.
Licensing of Printing Presses
Section 3: License to Use Printing Presses

Outlines:

1. Introduction
2. Printing Presses and Publications Act 1984
2.1. Selected Laws and Their
Amendments
3. Cases

1) Part I (Preliminary);

2) Part II (Licensing of Printing Presses);

3) Part III (Permit to Publish Newspaper);

4) Part IV (Control of Undesirable Publications);

5) Part V (Miscellaneous).

SELECTED LAWS AND THEIR AMENDMENTS
Part 1 - Preliminary
(a) a document, newspaper, book and periodical;

(b) all written or printed matter and everything whether of a nature familiar to written or printed matter or not containing any visible representation;

(c) anything which by its form, shape or in any manner is capable of suggesting words or ideas; and

(d) an audio recording.




publication
” includes:


Document
” means any
paper, card or other material or substance on which is printed, typed, written or marked, letters
, figures, marks, pictorial or any other visible representation and includes a newspaper, book and pamphlet.

part2
section 3 (1)
section 3 (3)
section 3 (4)
section 3 (5)
Section 3(1):
No person shall
keep for use or use
a printing press unless he has been granted a licence under subsection (3).

It is not allowed to keep for use / use a printing press UNLESS with a licence.

Section 3(2):
For the purpose of section 3 “
Printing Press
” means:
The
machine
,
equipment
or
article
for printing, copying or reproducing any document described in Schedule I.

section 3 (2)
Section 3(3):
The Minister may in
his absolute discretion

grant
to any person a licence to keep for use or use a printing press for such period as may be specified in the licence and he may in
his absolute

discretion

refuse
any application for such licence or may at any time revoke or suspend such licence for any period he considers desirable.

Printing Presses and Publications (Amendment) Act 2012
The Minister may grant to any person a licence to keep for use or use a printing press and he may refuse any application for such licence or may at any time revoke or suspend such licence for any period he considers desirable.”
Any person who
keeps for use or uses
a printing press
without a valid licence

or in contravention of any conditions imposed therein, shall be guilty …
be liable to imprisonment not exceeding three years or to a fine not exceeding twenty thousand ringgit or to both
… .

Section 3(4):
person who keeps for use/use printing press without licence will be guilty of an offence – imprisonment not exceed 3 years/fine not exceed RM20 000.

Section 3(5):
A
Printing press

which is kept/use
with no licence – shall be forfeited by court.
When there is no prosecution – it shall be disposed
.

Section 3(6):
Any
person
having care/management of premises where the printing press found
– shall be
deemed to have kept it
for until proven otherwise.

section 3 (6)
Any person who
prints or produces
, or causes or permits to be printed or produced by
his printing press or machine
any publication or document:
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,
shall be guilty of an offence
and
shall on conviction be liable to imprisonment
for a term not exceeding
three years
or to a fine not exceeding
twenty thousand ringgit
or to both.

Whoever
prints/produces/permit
to be printed.. etc, by
his printing press/machine any document
that is
obscene/against public decency/contain incitement to violence
against person and property/ … any lawful order likely to lead/promote feeling of ill-will, hostility, enmity, hatred, disharmony, disunity – is
guilty of an offence and liable to imprisonment not exceed 3 years or fine not exceed RM20 000
or both.
Part 3 - PERMIT TO PUBLSH NEWSPAPER
Section 5 –
Offence
to print, import, publish etc newspaper
without permit
.
Sec.5(1):
No person can
print, import, publish, circulate, distribute, offer to publish, sell, circulate
…etc any newspaper –
unless with a permit
granted by the Minister.

Section 5(2):
Any person who prints …
without permit/permit has been revoked/suspended
– shall be guilty of an offence and liable to imprisonment not exceed 3 years or fine not exceed RM20 000 or both.

(1) The Minister may
in his absolute discretion
grant -
(a) to any person a
permit
to print and publish a newspaper in Malaysia; or

(b) to any proprietor of any newspaper in Singapore a permit allowing such newspaper to be imported, sold, circulated or distributed in Malaysia.

Section 6: GRANT OF PERMIT
Section 6(1)
this was ammanded

Printing Presses and Publications (Amendment) Act 2012 (Current law)
Amendment to Sec.6(1):

(1) The Minister may
(“in his absolute discretion”-DELETED)

grant—
(a) to any person a permit to print and publish a newspaper in Malaysia; or …

Section 6(2):

(2) The Minister may
at any time revoke or suspend
a permit for any period he considers desirable.

Part IV: CONTROL OF UNDESIRABLE PUBLICATIONS
Section 7 – Undesirable publications

sec. 7(1):
If
the Minister is satisfied

publication contains any article, caricature, photograph, report, notes, writing, sound, music, statement
or any other thing …
in manner prejudicial
to or likely to be prejudicial
to public order, morality, security, or … likely to alarm public opinion
, … is or is likely to be contrary to law or is otherwise prejudicial to
or is likely to be prejudicial to public interest or national interest, he may
in his absolute discretion
by order published in the Gazette
prohibit, either absolutely or subject to such conditions
as may be prescribed, the printing, importation, production, reproduction, publishing, sale, issue, circulation, distribution or possession of that publication and future publications of the publisher concerned.
(1) Any person who without lawful excuse is
found in possession of any prohibited publication
shall be guilty of an offence … liable to a fine not exceeding five thousand ringgit.
Section 8: OFFENCES
SECTION 8(1)
(2) Any person who
prints, imports, produces, reproduces, publishes, sells, issues, circulates, offers for sale, distributes or has in his possession
… any prohibited publication
shall be guilty … liable to imprisonment
for a term not exceeding three years or
to a fine
not exceeding twenty thousand ringgit or to both.
SECTION 8(2)
(1) Where in any publication there is
maliciously published any false news, the printer, publisher, editor and the writer
… guilty of an offence … liable to
imprisonment
for a term not exceeding three years or to a
fine
not exceeding twenty thousand ringgit or to
both
.
Section 8A: OFFENCES TO PUBLISH FALSE NEWS
SECTION 8A(1)
part5 - MISCELLANEOUS
Section 12: VALIDITY OF LICENCE AND PERMIT
SECTION 12(1)
(This was ammanded)
(1) A licence or permit granted under this Act shall be subject to such conditions as may be endorsed therein and shall, unless sooner revoked or suspended, be valid for
a period of twelve months
from the date of the granting or issue of such licence or permit or for such shorter period as may be specified in the licence or permit.
(1) A licence or permit granted under this Act shall be subject to such conditions as may be endorsed in the licence or permit and shall remain valid for so long as it is not revoked
Printing Presses and Publications (Amendment) Act 2012
(“therein and shall, unless sooner revoked or suspended, be valid for a period of twelve months from the date of the granting or issue of such licence or permit or for such shorter period as may be specified in the licence or permit” - DELETED)
The period of validity of a licence and permit has been amended from 12 months to stay valid until it is revoked.
Section 13: Revocation, suspension, and Transfer of licence and Permit
SECTION 13(1)
SECTION 13(2)
SECTION 13(1)
Minister has power to revoke or suspend a licence or permit
, if he satisfied that any printing press in respect of which the licence has been issued is used for printing any publication
prejudicial to public order/national security
/ any newspaper which a permit has been issued contains anything prejudicial to public order/national security.
SECTION 13(2)
No licence or permit
shall in any manner
be transferred, assigned or otherwise placed
under the control of any person other than whom it is originally granted,
unless the Minister permits
. Whoever contravene shall be liable.
Section 13A: Minister’s decision final
SECTION 13A(1) -
(This was ammanded)
(1) Any decision of the Minister to refuse to grant or to revoke or to suspend a licence or permit shall be final
and shall not be called in question by any court on any ground whatsoever.
Printing Presses and Publications (Amendment) Act 2012
(1) Any decision of the Minister to refuse to grant or to revoke or to suspend a licence or permit shall be final.
Amendment to Sec.13A(1):

13B.
No person
shall be given an opportunity to be heard
with regard to his application for a licence
or permit or relating to the revocation or suspension of the licence or permit granted to him under this Act.
Section 13B –
Exclusion
of right to be heard
Section 13B - Former Law
(this was ammanded)
Printing Presses and Publications (Amendment) Act 2012
Amendment to Sec.13B –
(Exclusion of-DELETED)

Right to be Heard
13B.
A person who has been granted a licence or permit
under this Act
(“No person” – DELETED)
shall be given an opportunity to be heard
(“with regard to his application for a licence” – DELETED)
before a decision to revoke or suspend such licence or permit is made under subsection 3(3), 6(2) or 13(1), as the case may be.
The former law is when a licence/permit has been revoked/suspended by the Minister, the licensee has no right to be given an opportunity to be heard.

However, this law has been amended as before the decision of revocation/suspension is made, the licensee should be given the right to be heard.

Printing Presses and Publications (Amendment) Act 2012
Saving Provision:
A licence or permit that has been granted and is valid at the date of coming into operation of this Act shall remain valid for so long as it is not revoked, notwithstanding its expiry date.

CASES
Titular Roman Catholic Archbishop of Kuala Lumpur vs Menteri Dalam Negeri & Ors.[2014] 6 CLJ 541
Sepakat Efektif Sdn Bhd vs Menteri Dalam Negeri & Anor and Another[2015]2 CLJ 328
Full transcript