1Mesin Print and publishing laws of MALAYSIA Act 301 PRINT printing presses and publications ACT 1984 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2008 2 printing presses and publications ACT 1984 Royal Assent Date.................. June 27, 1984, the date of publication in the Gazette............ 28 June 1984 3 laws of MALAYSIA Act 301 printing presses and publications ACT 1984 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title 2. Interpretation part II LICENSING PRINTING PRESSES 3. License to use printing presses 4. Printing machine used for the purpose of the illegal part III PERMIT to PUBLISH a NEWSPAPER 5. Offence to print, import, publish, etc. the newspaper without permit 6. Grant of permit part IV CONTROL of UNDESIRABLE PUBLICATIONS 7. Undesirable publications 8. Error 8a. Errors due to publish news that is not true 4 Act 301Undang of Malaysia 8B. Ban on publications 8c. The suspension of publications 9. Undesirable publications can be deducted from the imported No.9A. Hold pending the decision of the Minister penghantarserahan part V MISCELLANEOUS 10. Deposit 11. Printed document shall contain the name of the printer and publisher of 12. Validity of licenses and permits 13. Cancellation, suspension and transfer of license or permit 13a. Decision of the Minister is final 13B. The removal of the right to be heard 14. Assuming 15. Assuming the printer and publisher of 16. Search warrant 17. Power to open the package 18. Power seize and hold a 19. All things seized be forfeited 20. Arrest without warrant 21. Of the Corporation and firms 22. Liability of Directors, etc.
23. Service of notices, etc.
24. Obstacles to legal proceedings 25. 26 exemption. Rules 27. Repeal Schedule I schedule II Section 5Mesin Print and publishing laws of MALAYSIA Act 301 printing presses and publications ACT 1984 an act to regulate the use of printing presses and printing, importation, production, reproduction, publication and distribution of publications and matters connected therewith.
[1 September 1984, P.U. (B) 364/1984]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title 1. This Act may be cited as the printing presses and Publications Act 1984.
Interpretation 2. In this Act, unless the context otherwise requires — "press" means any publications containing news, information, report the incident or any opinion, observation or reviews, in relation to any news, information or event, or to any other matter, which is of interest to the public, or any magazines, comics or other periodicals printed in any language 6 Act 301Undang of Malaysia for sale or distributed free of charge at regular intervals or not regularly , but does not include any publications published by or for the Federal Government or any State Government or the Government of Singapore;
"document" means any paper, card or other material or thing to which there is printed, typed, written or marked, letters, numbers, signs, magazines, photo or any other picture that can be seen and includes newspapers, books and brochures;
"licence" means a licence granted under subsection 3 (3);
"person" includes a body corporate or unincorporated organization;
"authorized officer" means any police officer, an officer of the Customs Department officer, postal services and any other public officer designated by the Minister as authorized officer for the purposes of this Act;
"senior officer authority" means — (a) any police officer not below the rank of Assistant Superintendent; (b) any Customs officer not below the rank of Superintendent; (c) any officer of the post Services Department not below the rank of senior officer Post; (d) any other public officer designated by the Minister as the senior authority for the purposes of this Act;
"publication" includes — (a) documents, newspapers, books and periodicals; (b) all material written or printed and everything whether its properties similar to the written or printed material or does not contain any picture can be seen;
(c) anything which according to appearance, shape or with any way can imagine words or ideas; and (d) sound recordings;
7Mesin Print and publication "results of the publication ban" means any of the publications that have been prohibited under subsection 7 (1) and including any copy, reproduction, extracts or any translation, a summary of the essays or parafrasanya;
"permit" means a permit granted under paragraph 6 (1) (a) or (b);
"recording" means any material upon which recorded the human voice or instrumental music or other sounds and includes phonograph, tape and ceper laser;
"owner" means the sole proprietor of any newspaper and also those who, as a partner or otherwise, represent and are responsible for any share or interest in the press between themselves and the person in a way similar that represent or be liable for any share or other interest in it and not others.
Part II LICENSING PRINTING MACHINE License to use printing machine 3. (1) nobody can save to use or use the print machine unless he has been granted a licence under subsection (3).
(2) for the purposes of this section, "printing machine" means a machine, appliance or thing to print, copy or produce the document described in Schedule I.
(3) the Minister may in his discretion give to any person a licence for storage for use or use printing presses for a period as may be specified in such licence and he may in its discretion reject any application for a license or may at any time cancel or suspend the licence for such period as he thinks fit.
(4) any person that keeps for use or use printing presses without a valid licence granted under subsection (3), or berlanggaran with any conditions 8 301Undang laws of Malaysia Act applies in it, commits an offence and shall, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding twenty thousand dollars or both and kept under section 10 may be forfeited.
(5) printing presses that are stored for use or used in respect of which no licence has been granted may be ordered so forfeited by the Court even though no native convicted of an offence and if there is no prosecution then the printing presses can be disposed off in accordance with section 19.
(6) for the purposes of this section, the owner and any person who has the care or management of or assist in the management of any premises in which the printing machine shall be deemed to have been met save it to use until he proves otherwise.
(7) the Minister may by order published in the Gazette amend Schedule I.
(8) there is nothing in this section may include perteraan any engraving or printing any courtesy card or business card, letterhead or bill head, or whatever letter, memorandum or document, typed, printed or dihasil again in the normal course of the business, rather than printing business or publication, or for any other purpose or purposes is valid.
Printing machine used for the purpose of illegal law 4. (1) any person who prints or producing or caused or allowed the printed or produced by making use of printing presses or mesinnya any publications or documents — (a) that is obscene or otherwise contrary to public decency; or (b) containing the matters pengapian against encouraging or property, violation of the law or to any lawful order legal 9Mesin Print and publications or who commits criminal breach of peace or that may lead to rupture of peace or promote feelings of bad faith, hostilities, hostilities, hatred, ketidakharmonian or breaking, commits an offence and shall, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding twenty thousand dollars, or both.
(2) Notwithstanding any law to the contrary, any printing presses or machines used to print any publications or documents become matter of an offence under subsection (1) or any provision of any written law stated in Schedule II may be ordered in order to be forfeited by the Court even though no native convicted of an offence.
Part III a PERMIT to PUBLISH a NEWSPAPER Offence to print, import, publish, etc. the newspaper without permit 5. (1) No person can print, import, publish, sell, distribute or offer surround or to publish, sell, surround or distribute any newspaper printed in Malaysia or Singapore unless the permit under paragraph 6 (1) (a) or (b) has been granted by the Minister in respect of the paper.
(2) any person who — (a) any printing press in respect of which the permit was not granted or in respect of which the permit has been revoked or suspended; or (b) import, publish, sell, or distribute the circulating flows, or offer to publish, sell, or distribute the circulating flows, or has in his possession for any such purpose, any newspaper printed in Malaysia or Singapore in respect of which no permit has been granted or in respect of which the permit has been revoked or suspended, 10 301Undang of Malaysia Act commits an offence and shall, on conviction , imprisonment for a term not exceeding three years or to a fine not exceeding twenty thousand dollars, or both.
grant of permit 6. (1) the Minister may at its absolute discretion provide — (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 the paper to be imported, sold, surrounded or distributed in Malaysia.
(2) the Minister may at any time cancel or suspend a permit for such period as he thinks fit.
(3) the Minister may impose as a condition of the granting of the permit the proprietor of the press in Singapore should establish and maintain a place of business in Malaysia or shall appoint people in Malaysia who is authorised to accept service of any notice or legal process on behalf of the proprietor and shall provide to the Minister a list containing the name and address of the person and cause disiarkannya in such manner as may be directed by the Minister.
Part IV CONTROL of UNDESIRABLE PUBLICATIONS undesirable publications 7. (1) if the Minister is satisfied that any publications containing any article, karikatur, photographs, reports, notes, writings, sound, music, statement or any other matter by any other manner prejudicial or may be prejudicial to public order, security, or kemoralan, that may impact the mind of the public, or to the contrary or may be contrary to any law or 11Mesin printing presses and publications otherwise harm or may harm the public interest or national interest She may in its 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, publication, sale, issue, circulation, distribution or possession of such products and future production revenue producer concerned.
(2) in respect of publications starting in any country outside Malaysia, an order under subsection (1) may, if the order provides for such — (a) prohibits the importation of any or all of the publications either before or after the date of the order, subject to any conditions specified in it;
(b) in respect of periodic publications, prohibits the importation of any product of the past or of the future;
(c) in respect of publications that have been issued or apparently or purporting to have been issued from any store publishing, publishing agency or other sources specified in the order, prohibit the importation of any other publications that may at any time either before or after the date the order was issued, or appears to be, or purporting to have been issued, from publishing, publishing agency or other sources stated that;
(d) require the Publisher to make any deposit of amounts and in such manner as may be prescribed therein before any publications that can be imported.
(3) if the Minister is satisfied that any Publisher publications have acted in contravention with this Act or any rules or orders made under it or any conditions of the licence or permit or any law relating to defamation or sedition, then upon the Publisher to provide an opportunity to show cause why the deposit made under paragraph (2) (d) should not be dilucuthakkan , he may order the deposit or part of it forfeited.
12 301Undang of Malaysia Act (4) whether or not an order has been made under subseskyen (3) the Court may order the deposit or the balance, if any — (a) dilucuthakkan if the Publisher has not appear in court to answer any criminal charge or civil action in connection with any matter relating to the publication of results; or (b) paid as a settlement of any judgment obtained against the Publisher arising from any proceedings in connection with the publication of the results.
(5) where the deposit is made under paragraph (2) (d) ordered so forfeited or used as a settlement of any damages under subsection (3) or (4), the order of prohibition under subsection (1) shall become absolute unless the publishers make further deposits as required by the Minister.
(6) a local or serials t us ing is responsible and liable for any action in respect of any material published in the result of its publication.
Error 8. (1) any person who without reasonable cause is found to have any revenue publication prohibition commits an offence and shall, on conviction, to a fine not exceeding five thousand dollars.
(2) any person who print, import, produce, reproduce, publish, sell, issue, the circulating flows, offer to sell, distribute or has in his possession for any such purpose any publications prohibition commits an offence and shall, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding twenty thousand dollars, or both.
errors due to publish news that is not true 8A. (1) where in any publications have published with bad faith any news that is not true, then the printer, Publisher, 13Mesin printing presses and publications editor and author news is guilty of an offence and shall, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding twenty thousand dollars, or both.
(2) for the purposes of this section, shall be deemed to have bad faith if there is no evidence indicating that prior to publication the accused took reasonable steps to verify the truth of the news.
(3) no prosecution because of an offence under this section shall be instituted without the consent in writing of the public prosecutor.
ban on publications 8b. If any person has been found guilty by any court for any offence in respect of anything published in any publications, it shall be lawful for the Court, on the application of the public prosecutor, order that banned the publication of results for a term not exceeding six months from the publication.
the suspension of publications 8c. (1) pending the completion of any proceedings for prosecution printer, Publisher, editor or author before any court for any offence in respect of anything published in any publications, it shall be lawful for the Court, on the application of the public prosecutor, order the suspension of publications.
(2) where an appeal is made against an order of acquittal of any person charged with an offence in respect of anything published in any publications, it is lawful for the Court which will hear the appeal, upon the application of the public prosecutor, order publications that suspended pending further disposal of final appeal.
(3) any person who contravenes an order made under this section commits an offence and may, 14 301Undang Act of Malaysia on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding ten thousand ringgit or both.
Undesirable publications can be deducted from the imported 9. (1) without prejudice to anything in this Act, the Minister may refuse the importation into Malaysia or hold penghantarserahan or return to the senders have outside Malaysia any publications that he satisfied contains any article, karikatur, photographs, reports, notes, writings, sound, music, statement or any other matter that may be prejudicial to public order, security, or kemoralan, that may impact the mind of the public , or that may be contrary to any law or otherwise harm or may harm the public interest or the interest of the country.
(2) Notwithstanding subsection (1), the Minister may permit the importation or penyerahhantaran any publications having any part of the publications he deems is not desired by any reason whatsoever as specified in subsection (1) that have been deleted, cut, deleted or disposed of to his satisfaction.
(3) (Cut by the Act A684).
Hold pending the decision of the Minister penghantarserahan
No.9A. If a senior officer authority with its reasonable suspect that something publications contain any article, karikatur, photographs, reports, notes, writings, sound, music, statement or any other matter that may be prejudicial to public order, security, or kemoralan, that may impact the mind of the public, or that may be contrary to any law or otherwise harm or may harm the public interest or national interest She can withstand penghantarserahan publications is pending the decision of the Minister to memperlakukannya as provided under section 9.
15Mesin Print and publication part V MISCELLANEOUS Deposit 10. A person who is given a licence or permit under this act as may be required by the Minister, before issued such license or permit, so that the deposit with the Government so the amount as specified in special or General through rules and that amount or any part thereof may be forfeited by the Court upon the happening of any offence under this Act or any rules made thereunder or in the event of pemelanggaran against any condition of such licence.
Printed document shall contain the name of the printer and the Publisher of 11. (1) every publications printed or published in Malaysia shall be dicetakkan the name and address of the printer and the Publisher with illegible in bahasa Malaysia or English at the first sheet or the end.
(2) No person may publish, produce again, sell, surround or distribute, or offer to publish, produce again, sell, surround or distribute any publications that do not have the name and address of the printer and Publisher, or in respect of sound recordings, name and address of the manufacturer printed with details on skin or container and any person acting in contravention of this section commits an offence and shall , on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding five thousand ringgit or both.
(3) in respect of publications imported into Malaysia, it shall be sufficient compliance with this section will be if the printer name, the Publisher or producer of printed clearly on any part of the publications or the container.
16 301Undang of Malaysia Act validity of licenses and permits 12. (1) the licence or permit is granted under this Act shall be subject to such conditions as may be endorsed it and shall, unless sooner revoked or suspended, valid for a period of twelve months from the date it is given or made by or for a shorter period as specified in the licence or permit.
(2) the Minister has absolute discretion to refuse the application for a licence or permit.
cancellation, suspension and transfer of license or permit 13. (1) without prejudice to the Minister's power to cancel or suspend the licence or permit under any other provisions of this Act, if the Minister is satisfied that any printing presses in respect of which the licence was issued are used to print any publications that are prejudicial to public order or national security, or that any newspaper in respect of which a permit has been issued containing anything prejudicial to public order or national security , he may revoke the license or permit it.
(2) subject to subsection (3), no license or permit may be in any manner transferred, assigned or otherwise placed under the control of any person other than the person who license or permit is initially given unless the Minister allows such and any holder who contravenes this subsection may, revoked or suspended license or permitnya.
(3) in the event of death, incapacity, bankruptcy or, in the case of a company, a solution on the licensee or permit, or if a receiver or manager appointed in connection with the business of the licensee, or if due to any reason whatsoever the Minister is satisfied that it should not do so, the Minister may allow the licence or permit is transferred.
17Mesin print and publication of decision of the Minister is final 13A. (1) any decision of the Minister to refuse to provide or to cancel or suspend a licence or permit shall be final and shall not be questioned by any court on any ground whatsoever.
(2) for the purposes of this section "decision" includes any orders or directions made by the Minister under this Act.
the removal of the right to be heard 13b. No person shall be given the opportunity to be heard in respect of its application for a license or permit or in connection with the cancellation or suspension of licence or permit granted to him under this Act.
Assumption 14. For the purposes of any proceedings under this Act any person who is found in possession, custody or control of — (a) any newspaper that contrary to subsection 5 (1) or (2); or (b) two copies or more of any of the products, certain print edition or any publications, shall be deemed, until the contrary is proved, be in his possession any newspapers or publications for the purpose of sale, circulation or distribution.
Assuming the printer and publisher of 15. Printer, Publisher or manufacturer name or address printed on any publications or its container shall be deemed, until the contrary is proved, to have been print, publish or publish it in the place specified therein.
18 301Undang of Malaysia Act search warrant 16. (1) a Magistrate may issue a warrant which authorizes the senior officer has the power to enter and search any premises where reasonably practicable, there is suspected with — (a) printing presses that are stored or used in contravention of section 3; (b) any newspaper printed or imported or published in contravention of section 5; or (c) any revenue publication prohibition.
(2) any time available by any senior officer authority that there are reasonable grounds to believe that there are hidden or stored in any premises any publications prohibition, and that because of the slow pace of getting the search warrant that became the purpose of the search is probably terkecewa, he may enter and search such premises as if he is authorized to do so in accordance with a warrant issued under subsection (1).
Power to open packaging, 17. Any authorized officer can hold, open and inspect any package or article which he suspects to contain any prohibited publication of results or any publications that may be subject to prohibition under subsection 7 (1).
Power seize and hold 18. Any officer acting pursuant to section 16 or 17 is authorized to seize and hold a — (a) any printing presses or publications or any other article which he has reason to believe as proof of the occurrence of any offence under this Act or any rules made thereunder;
(b) any publications that he suspects as a result of publication which may be subject to prohibition under subsection 7 (1) or may be rejected in importation, detain than give up send or return to sender under subsection 9 (1).
19Mesin Printing and publication of all things seized be forfeited 19. (1) all publications and other article, other than printing presses that are forfeited under section 3, seized and detained under section 17 or 18, whether or not any person charged with or convicted, can be done something about it in such manner as the Court may direct.
(2) if there is no prosecution relating to any printing presses, publications or other article seized under this Act, then the printing presses, publications or other paper shall be calculated and disifat dilucuthakkan when the expiration of a period of one calendar month from the date of service of a written notice of the seizure, unless a claim thereon made prior to that date in the manner set out hereinafter.
(3) any person claiming that he is the owner of printing presses, publications or other paper and that it cannot be forfeited may, by itself or by his agent authorized in writing, give notice in writing to the senior officers of the authorities that he made the charge on all that.
(4) on receipt of notice of the senior officers of the authority shall refer the claim to the Minister may direct that printing presses, publications or other paper released to the claimant or otherwise disposed of or senior officer may direct the authority to refer the matter to the Court for decision.
Arrest without warrant 20. Any police officer may arrest without warrant any person who is found guilty of or with its reasonable suspected of having committed or was committing or attempting to commit or get or colluding with any person to commit any offence under this Act.
of the Corporation and firms 21. For any purposes of this Act, a corporation may act through a Director or his Secretary, and the firm can act through any of his partner.
20 301Undang of Malaysia Act Liability of Directors, etc.
22. (1) Any time an offence under this act committed by a body corporate any Director, Manager, Secretary or other officer of the body corporate shall also be deemed to be guilty of such offence unless he proves that it was committed without his consent or knowledge and not linked to any negligence on his part.
(2) whenever any of its agents or servants when he carries out his work to do or not do any acts that do or do not do the Act by the principal or his/her employer remains an offence, then agents or servants committed such offence.
(3) any person who remains guilty of an offence if anything has been done or not done by him own committed such offence and shall be liable to the penalties if the matter has been done or not done by the partner, agent or pekhidmatnya while he was running a business partnership or while he is conducting its work, as the case may be, unless he proves to the satisfaction of the Court that it was committed without his consent or knowledge and that he took all reasonable surveillance measures to prevent the occurrence of or not doing that.
(4) the provisions of this section shall be counted in addition to rather than detract from any of the other provisions of this Act.
service of notices, etc.
23. Any notice, document or other correspondence shall be delivered with sufficient disifat to the holder of a licence, permit or certificate if the notices, documents or correspondence that — (a) delivered to the person in charge of premises where the printing presses that are placed, where the publication is published, or to agents appointed under subsection 6 (3);
21Mesin Print and publication (b) sent by registered post to the address as given in the licence or permit or the address of the agent appointed under subsection 6 (3); or (c) published in the Gazette.
Obstacles to legal proceedings 24. There is nothing legal proceedings may be taken or instituted or maintained in any court for or because of any loss, or damage to, anything seized, detained, seized or destroyed under this Act or for or because of any damage incurred as a result of the seizure, detention, forfeiture, destruction or for the reversion of anything under this Act or any delay to assign send or return anything to the person to whom the thing remains be sent or returned if not for as under the Act.
exemption of 25. (1) there is nothing in this Act may include publications or make any documents or periodicals by or for the Federal Government or any State Government or any other government agency.
(2) the Minister may by order published in the Gazette exempt any person, printing presses or publications from the application of all or any of the provisions of this Act.
Rules 26. (1) the Minister may from time to time make rules to carry out the purposes of this Act.
(2) without prejudice to the generality of the powers conferred by subsection (1), such rules may make provision with regard to — (a) the type and form of any document that is necessary for the purposes of this Act; (b) the particulars to be given at the time of application for a licence or permit and how maintain records;
22 301Undang of Malaysia Act (c) the procedure for transferring licenses and permits; (d) the procedure for applying for a licence or permit, the fee for the licence or permit and conditions attached to the licence or permit, the payment of a deposit when the issued license or permit and the circumstances of the deposit may be forfeited;
(e) the lesser deposits required to be made under paragraph 7 (2) (d) or section 10 and how making a forfeiture or the payment of the deposit as compensation; and (f) the procedure for making and hearing of appeal.
the abolition of 27. Printing presses Act 1948 [Act 58] and Imported Publications Control Act 1958 [Act 63] is repealed.
Schedule I [Subsection 3 (2)] Ceparas, Litografi, Gravur, Intaglio printing or any other printing process can print with their unmistakable 1,000 rate per hour or more.
Schedule II [Subsection 4 (2)] of the Penal Code Section 255 Melancung cap the Government.
Section 292 Sell, etc. obscene books, etc.
Section 298a Cause, etc. ketidakharmonian, split or feelings of hate, anger, bad faith or prejudice, etc. the preservation of harmony or unity on the ground of religion.
Section 464 Making false documents.
Section 466 Phishing court records, or Express birth certificate public, etc.
Section 467 valuable security Phishing or bequests.
23Mesin Print and publication of the Penal Code Section 468 of forgery for the purpose of cheating.
Section 469 Forgery for the purpose of damaging the reputation of any person.
Section 489a Memalsu or melancung currency banknotes or banknotes bank.
Section 499 slander.
Section 501 print or carve things known to memfitnahkan.
Sedition Act 1948 Paragraph 4 (1) (c) Print any publication inciting.
The Internal Security Act 1960 section 24 prints documents injunctive relief.
24 of the Act 301Undang Malaysian laws laws of MALAYSIA Act 301 printing presses and publications ACT 1984 LIST AMENDMENT law short title force amend the A684 Act of printing presses and Publications Act 08-01-1988 (Amendment) 1987 25Mesin Printing and publishing laws of MALAYSIA Act 301 printing presses and publications ACT 1984 LIST SECTION AMENDED Section Power amend with effect from 3rd Act A684 08-01-1988 7 Act A684 08-01-1988 8a Act A684 08-01-1988 8B Act A684 08-01-1988 8c Act A684 08-01-1988 9 Act A684 08-01-1988 No.9A Act A684 08-01-1988 12 Act A684 08-01-1988 13 Act A684 08-01-1988 13a Act A684 08-01-1988 13B Act A684 08-01-1988