Introduction
The Printing Press and Publications Act 1984 is an act that was authorized by the Parliament and signed by the Yang Di - Pertuan Agong at the time to grant power to the Home Affairs Minister to control and run all printing press and publications in the nation.
Content of the Act
The Act provides that it is a criminal offense to possess or use a printing press without a licence granted by the Home Affairs Minister.
The Minister is given "absolute discretion" in the granting and revocation of licences, and can also restrict or ban outright publications that is likely to endanger national security interest or create social unrest; making the minister the sole authority of what and when anything is published in the country.
Should one possess or use an unlicensed printing press, he may be imprisoned for up to three years and/or fined up to RM20,000. A deposit made under Section 10 of the Act will also be forfeited in such a case.
The Home Affairs Minister is given "absolute discretion" to grant, revoke or suspend permits "to any person to print and publish a newspaper in Malaysia" or "to any proprietor of any newspaper in Singapore allowing such newspaper to be imported, sold, circulated or distributed in Malaysia."
Permits are normally granted for the period of one year, and cannot be transferred without the permission of the Minister.
Should one print, import, publish sell, circulate or distribute — or even offer to do any of those things — a newspaper without a permit from the Minister, it will be deemed an offense punishable by up to three years in jail and/or a fine of up to RM20,000.
Post Amendment
The amended Act, currently in force, not only regulates the press and publications, but also, in Section 9(1), regulates books, pamphlets and the import of publications from abroad. The possible reasons for a ban are extensive, but ill defined:
'…any publication which he is satisfied contains any article, caricature, photograph, report, notes, writing, sound, music, statement or any other thing which is likely o be prejudiced to public order, morality, security, the relationship with any foreign country or government, or which is likely to alarm public opinion, or which is likely to be contrary to any law or is otherwise prejudicial or is likely prejudicial to public interest or national interest.'
-The minister has absolute discretion to determine the fate of presses and publications, with decision not subject to judicial review. Under Section 13A, courts are instructed that they cannot question ministers’ decisions on any grounds whatsoever. The government also has wide powers of seizure over printing presses and publications.
-Amendments stipulate that the minister had the discretion to define offences under the category of publishing malicious “false news”. Action can be taken against any press outlet or publication if their writing is defined as not taking “reasonable measures” to verify the truth of the news.
Criticism
Crictism on PPA 1984
- Implies that it empowers the Minister to exercise virtually total control over the print media.
- intensified after a 1987 amendment to the Act established an ouster clause preventing actions of the Home Affairs Minister from being called into question by the courts.
Cases
Lim Guan Eng v Public Prosecutor(1998)
This is the appeal case of Lim Guan Eng, who had been convicted for 18 months of imprisonment and fined under
1)S 8A (1) Printing Presses and the Public Act 1984 for maliciously publishing false news in the form of a pamphlet entitled ‘Mangsa Dipenjarakan’
2) S 4 (1) (b) Sedition Act 1948 for making a speech which contained seditious words regarding the non-prosecution of an alleged rape case involving Tan Sri Rahim Thamby Chik.
Lim Guan Eng was charged under Section 8A (1) of the Printing Presses and Publications Act 1984 for 'maliciously printing' a pamphlet containing allegedly 'false information' because he had described the alleged rape victim as an 'imprisoned victim' because she was initially detained by Malaysian police without parental consent for 10 days. During the judicial procedure, Lim was quoted saying:
“ If I fail and have to go to jail, I have no regrets. I have no regrets of going down fighting for the principles of truth and justice. And pursuit of human rights, especially women's rights. There can be no women's rights if women rape victims are considered equally responsible, and even detained, whilst the accused remain free. ”
— Lim Guan Eng,
Lim Guan Eng v Public Prosecutor(1998)
This is the appeal case of Lim Guan Eng, who had been convicted for 18 months of imprisonment and fined under
1)S 8A (1) Printing Presses and the Public Act 1984 for maliciously publishing false news in the form of a pamphlet entitled ‘Mangsa Dipenjarakan’
2) S 4 (1) (b) Sedition Act 1948 for making a speech which contained seditious words regarding the non-prosecution of an alleged rape case involving Tan Sri Rahim Thamby Chik.
Lim Guan Eng was charged under Section 8A (1) of the Printing Presses and Publications Act 1984 for 'maliciously printing' a pamphlet containing allegedly 'false information' because he had described the alleged rape victim as an 'imprisoned victim' because she was initially detained by Malaysian police without parental consent for 10 days. During the judicial procedure, Lim was quoted saying:
“ If I fail and have to go to jail, I have no regrets. I have no regrets of going down fighting for the principles of truth and justice. And pursuit of human rights, especially women's rights. There can be no women's rights if women rape victims are considered equally responsible, and even detained, whilst the accused remain free. ”
— Lim Guan Eng,
