Malaysia legislation
Section 8
Section 8
Amendment of section 10
(a)
by substituting for subsection (1) the following subsection:
“(1) Where on the application of the Public Prosecutor it is shown to the satisfaction of a Sessions Court
Judge that the making or circulation of a seditious publication—
(a)
is or if commenced or continued would likely lead to bodily injury or damage to property;
(b)
appears to be promoting feelings of ill will, hostility or hatred between different races or classes of the population of Malaysia; or
(c)
appears to be promoting feelings of ill will, hostility or hatred between persons or groups of persons on the ground of religion, the Sessions Court Judge shall make an order (“prohibition order”) prohibiting the making or circulation of that seditious publication (“prohibited publication”).”;
(b)
by inserting after subsection (1) the following subsection:
“(1a) The prohibition order under subsection (1)
shall—
(a)
require every person having any copy of the prohibited publication in his possession, power, or control to deliver forthwith every such copy into the custody of the police; or
(b)
in the case of a prohibited publication by electronic means—
(i)
require the person making or circulating the prohibited publication to remove or cause to be removed wholly or partly the prohibited publication; and
Sedition (Amendment)
(ii)
prohibit the person making or circulating the prohibited publication from accessing any electronic device.”;
(a)
forthwith deliver every such prohibited publication into the custody of the police; and
(b)
in the case of a prohibited publication by electronic means, remove or cause to be removed wholly or partly the prohibited publication, and if he fails to do so, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, to a fine of three thousand ringgit for each day during which the offence continues after conviction and in default of the payment of the fine, be liable to imprisonment for a term not exceeding one year.”; and
(c)
by substituting for subsection (4) the following subsection:
“(4) Any person who contravenes a prohibition order made under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a continuing offence, to a fine of three thousand ringgit for each day during which the offence continues after conviction and in default of the payment of the fine, be liable to imprisonment for a term not exceeding one year.”;
(d)
by substituting for subsection (5) the following subsection:
“(5) Every person who knowingly have in his possession, power or control a prohibited publication shall—
(e)
by deleting subsection (9).
New section 10a