Regulations for Journalism

Let’s start with…

Freedom of Speech & Expression

Printing Presses & Publications Act
Internal Security Act
“Fundamental Liberties” in the Constitution:

Article 5 – Life and Liberty of the Person.

Article 6 – Prohibition of Slavery and forced labour
Article 7 – Protection against retrospective criminal and
repeated trials.
Article 8 – Equality.
Article 9 – Prohibition of banishment and freedom of
movement.
Article 10 – Freedom of speech, assembly and association.
Article 11 – Freedom of religion.
Article 12 – Right to education.
Article 13 – Right to property.
 Freedom of Speech

• The right to F o S is from the Constitution:

Article 10,
(a)every citizen has the right to freedom of
speech and expression

Cf. ‘Constitution, courts and free speech’

(for also how appeals take place)
Freedom of “expression” extends to
communication in all its forms

– by word of mouth, signs, symbols, gestures,

art, music, sculpture, photographs, films, videos,
books, magazines, newspapers, notices,
advertisements, banners, bunting and cyber
speech.

Muhammad
Juzaili case -
2015
BUT Articles 10(2), 10(4), 11(4), 11(5), 149, 150 and Schedule 9
List 2 Para 1 supply 17 grounds on which federal or state law
may impose restrictions on free speech.

- restriction grounds includes public order, national security,

incitement to an offence, morality and defamation.

•Parliament and the state assemblies have enacted about 35

statutes that impinge on freedom of speech and expression

•Judicial review of legislation that curbs free speech is not a

significant feature of our legal system.
 Printing Presses & Publications Act 1984
(PPPA)
• PPPA first introduced by the British colonial government
as the Printing Ordinance of 1948 at the beginning of the
state of emergency, in order to counteract Communist
activities that are seen as a threat to the establishment.

• All printing presses require a licence granted by the

Home Affairs Minister, renewed every year.
PPPA
• In 1971 the Ordinance was revised, after the race riots of
1969, and became the Printing Presses and Publications
Act.

• Other than that in 1984 the PPPA was amended.

• The Act provides that it is a criminal offense to possess or

use a printing press without a licence granted by the Home
Minister.

(Ministry of Home Affairs =

Kementerian Dalam Negeri - KDN).
PP = Permit Percetakan (Printing permit)

The law required newspapers to obtain annual permits to publish

and printing licences. Since 2012, it changed:
Validity of licence and permit
s12. 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.”
PPPA
It also provides the Home Minister with the discretion to
suspend or revoke any newspaper’s permit or licence to
print.

BUT….
Right to be heard”
s13B. A person who has been granted a licence or permit
under this Act shall be given an opportunity to be heard
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.”
PPPA
BUT…Home Minister’s decision it not absolute…..
(2012 amendment to PPPA 1984)

… there is judicial oversight

over the minister’s decisions.

Newspapers would still be

subjected to show-cause letters
and be required to answer
summonses to the Home Ministry if they published articles
that displeased the minister or ministry officials.

There are still hopes to repeal this act.

• SOSMA replaces ISA

• The Security Offences (Special Measures) Act 2012 is “to provide

for special measures relating to security offences for the purpose
of maintaining public order and security and for connected
matters”.
• Permits detention without trial.

• Bersih 2.0 Chairperson Maria Chin Abdullah

detained under SOSMA. 18 Nov, 2016

• Former Law Minister (PH government) - People have the right to

speak up and reprimand the government and leaders but cannot
slander without any proof and basis. (2018)
 Internal Security Act
(ISA)
• ISA, enacted 1960, replaced with SOSMA in 2012
• sanctions detention without trial for indefinite periods.

• Origins – for Malaya in 1948 as a preventive measure, known

as The Emergency Regulations Ordinance 1948, against
supporters of the insurgency led by the Malayan Communist
Party [1948 - 1989]
In Malaysia, it is said there is Freedom of
Speech….

…..but not Freedom After Speech.

Left to be seen how it will be with the new government.

TUTORIAL
Look up:

1.Lim Guan Eng imprisoned

2.Suspension of The Edge, The Star
3.Refusal to Malaysiakini.com
4.Arrest of Maria Chin Abdullah

Give examples of other cases:

•https://dinmerican.wordpress.com/2015/07/27/malaysia-a-rich-history-
of-media-suspension/

•http://foongchengleong.com/tag/printing-presses-and-publications-act-
1984/