Malaysia legislation

Section 6

of *ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001

Section 6

(1)

No person shall, subject to subsection (2)—

(a)

reveal that a disclosure was made under section 5;

(b)

reveal the identity of any person as the person making the disclosure; or

Anti-Money Laundering, Anti-Terrorism 23

Financing and Proceeds of Unlawful

Activities

(c)

answer any question if the answer would lead, or would tend to lead, to the revealing of any fact or matter referred to in paragraph (a) or (b).

(2)

Subsection (1) shall not apply to a witness in any civil or criminal proceedings—

(a)

for an offence under subsection 4(1) or subsection (3) of this section; or

(b)

where the court is of the opinion that justice cannot fully be done between the parties without revealing the disclosure or the identity of any person as the person making the disclosure.

(3)

No person shall publish in writing or broadcast any information, including a report of any civil or criminal proceedings but excluding information published for statistical purposes by a competent authority or the Government, so as to reveal or suggest—

(a)

that a disclosure was made under section 5; or

(b)

the identity of any person as the person making the disclosure.

(4)

Subsection (3) shall not apply in respect of proceedings against the person making the disclosure for an offence under subsection 4(1)

or subsection (1).

(5)

If information is published or broadcast in contravention of subsection (3), each of the following persons, namely—

(a)

in the case of publication as part of a newspaper or periodical publication, any proprietor, editor, publisher and distributor of the newspaper or periodical publication;

24 Laws of Malaysia

(b)

in the case of a publication otherwise than as part of a newspaper or periodical publication, any person who publishes it and any person who distributes it;

(c)

in the case of a broadcast, any person who broadcasts the information and, if the information is contained in a programme, any person who transmits or provides the programme and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication, commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both, and, in the case of a continuing offence, shall in addition be liable to a fine not exceeding three thousand ringgit for each day or part thereof during which the offence continues to be committed.

(6)

In this section, “broadcast” includes any broadcast by radio, film, videotape, television or electronic media.