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    104 views15 pages

    Media Law, Regulations and Ethics

    Uploaded by

    Dini Arisya
    media law

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 15

    DINI ARISYA BINTI ROSLAN

    (2019462032)

    NUR AIN ALISHA BINTI ISMAIL


    (2019868482)

    MEDIA LAW, WAN NUR AFIFAH BINTI WAN HAMINUDDIN (2019479002)

    REGULATIONS
    ALIYA AQILAH BINTI AHMAD MURAD (2019462146)

    AND ETHICS MUHAMMAD SHAMIRUL NAZRIN YUSAINI (2019637378)

    AMIRUL ASHRAFF BIN ZAINON


    (2019637336)
    THE PRINTING
    PRESSES AND
    PUBLICATIONS
    ACT 1984
    MOHD FAIZAL MUSA
    V.
    MINISTER OF HOME AFFAIRS
    MOHD FAIZAL
    MUSA / FAISAL
    TEHRANI
    • The applicant is an academician at the Universiti
    Kebangsaan Malaysia (UKM). He holds the
    Doctor of Philosophy (PhD) from UKM where
    the area of research of his thesis was
    Comparative Literature. He also holds the
    Master of Arts (Literature) from Universiti Sains
    Malaysia (USM) and Bachelor of Shariah from
    Universiti Malaya. His current appointment is as
    a Research Fellow at the Institut Alam dan
    Tamadun Melayu at UKM specializing in the
    areas of comparative literature, creative writing,
    film and theatre studies and human rights. The
    applicant is also an author of academic and
    creative books and articles, as scriptwriter and a
    poet. In creative writing and literature, the
    applicant goes by the pen name 'Faisal Tehrani'.
    He is widely known by that name both in the
    academic and literary circles.
    KEMENTERIAN
    DALAM NEGERI
    The Ministry of Home Affairs (Malay:
    Kementerian Dalam Negeri), abbreviated KDN,
    MOHA, is a ministry of the Government of
    Malaysia that is responsible for home affairs: law
    enforcement, public security, public order,
    population registry, immigration, foreign workers,
    management of societies, anti-drug, publication /
    printing / distribution of printed materials, film
    control, management of volunteer, rehabilitation
    and implementation of punishment. The Minister
    of Home Affairs administers his functions through
    the Ministry of Home Affairs and a range of other
    government agencies. The current Minister of
    Home Affairs is Muhyiddin Yassin, whose term
    began on 12 May 2018.
    BACKGROUND OF
    THE CASE
    • The Court of Appeal quashed a Home
    Ministry order banning four books
    authored by novelist Mohd Faizal
    Musa, 43, whose pen name is Faisal
    Tehrani.
    • A three-man panel comprising
    Tengku Maimun Tuan Mat, Ahmadi
    Asnawi and Zaleha Yusof found that
    the order issued on February 12,
    2015, was not in accordance with
    Section 7 (1) of the Printing Presses
    and Publications Act 1984.
    CASE
    BACKGROUND
    The Home Ministry had banned the four
    books:
    I. ‘Sebongkah Batu di Kuala Berang’,
    II. ‘Karbala’,
    III. ‘Tiga Kali Seminggu’ and
    IV. ‘Ingin Jadi Nasrallah’

    Authored by Faizal, stating that they were


    found to have allegedly contained Syiah
    elements and contravened the teachings
    of the Sunnah Wal Jamaah.
    THE PRINTING
    PRESSES AND
    PUBLICATION ACT
    1984

    The Printing Presses and


    Publications Act 1984 is a Malaysian
    statute governing the usage of
    printing presses and the printing,
    importation, production,
    reproduction, publishing and
    distribution of publications in
    Malaysia.
    Empowers the Minister to publish an order by way of a
    gazette to prohibit, either absolutely or subject to such
    conditions as may be prescribed, the printing,
    SECTION importation, production, reproduction publishing, sale,

    7 (1) OF
    issue, circulation, distribution or possession of that
    publication and future publications of the publisher

    THE ACT
    concerned, if the Minister is satisfied that the
    publications mentioned there in are prejudicial to or
    301 likely to be prejudicial to public order, morality, security,
    or which are likely to alarm public opinion, or are likely
    to be contrary to any law or are otherwise prejudicial to,
    or are likely to be prejudicial to public interest or
    national interest.
    REFERRED CASE

    ARUMUGAM KALIMUTHU v.
    MENTERI KESELAMATAN
    DALAM NEGERI
    This application concerns the banning of a book in the
    Tamil language entitled “Mac 8” published sometime on 8th
    of April 2006, which book was banned by an order dated
    21th of November 2006 in exercise of power concerned
    under section 7 (1) of the Printing Presses and Publication
    Act 1984. This order was published in the Government
    Gazette dated 28th of December 2006. This particular order
    was signed by the Deputy Minister and according to it the
    book was banned for being “prejudicial to public order”.
    The order is identified as Printing Presses and Publications
    (Control of Undesirable Publications) (Number 15).
    APPLICATION
    FAIZAL MUSA V. MINISTER OF
    HOME AFFAIRS
    SAASATUL
    IBAAD
    A poem that Faisal Tehrani wrote on and put
    into this novel :
    Ada berempat sahabat Nabi,
    Ada seorang jadi khalifah,
    Abu Bakar, Omar, Osman, dan Ali,
    Saidina Ali suami Fatimah.

    Faisal seems to be agree that there is no Khulafa


    Ar-Rashidin because on his opinion, Abu Bakar,
    Omar and Osman are not the caliphs, Saidina Ali
    is the only one.
    SEBONGKAH BATU
    DI KUALA BERANG
    The prohibition against writing is also
    intended to protect the faith of the people
    from any mischief that could endanger
    peace and lead to various disputes or
    divisions.
    The dialogue presented by the Faisal Tehrani
    led to slander on the science of the Sufism,
    which led to those who did not understand
    Sufism. The essence and practice of Sufism
    are very different from the teachings of
    Hinduism, Buddhism, and others
    The books of Faisal Tehrani
    and Akyol are among the
    various titles that have been
    banned by the KDN

    Three of the banned titles were issues of the Islamic


    Renaissance Front (IRF), including a book that was a
    translation of an English by Mustafa Akyol, a Turkish author
    who was recently arrested by the Federal Territory
    Religious Department (Jawi) for allegedly speaking
    unknowingly. Akyol's book "Islam Without Extremes:
    Arguments for Freedom" was launched by the IRF during a
    recent visit to Malaysia, and is a translation of "Islam
    Without Extremes" which discusses freedom in the Islamic
    world. Meanwhile, the other two books of the banned IRF
    were edited by IRF Director, Datuk Dr Ahmad Farouk Musa,
    and are part of a series of "Reformist Thought" which,
    among other things, explores the diversity of Islamic
    thought and criticizes Muslim thought.
    Books titled “Batu in Kuala
    Berang”, “Karbala”, “Tiga Kali
    Seminggu” and “Ingin Jadi
    Nasrallah” were banned by the
    minister of Home Affairs (KDN) in
    2015, for reasons it could
    endanger public order and
    security.
    KDN later claimed that the book
    was written Faisal, a FMT
    columnist and a research fellow
    at the Institute of Malay World
    and Civilization, Universiti
    Kebangsaan Malaysia, containing
    elements of Shiite teachings
    labeled "heretical" by the
    National Fatwa Committee.
    COURT JUDGEMENT /
    CONCLUSION

    • The applicant filed for judicial review to quash the order


    made by the respondent, the Home Minister pursuant to
    Section 7(1) of the Printing Presses and Publications Act
    1984 (Act 301) which prohibited four books written by the
    applicant
    • Finally the decision was made in accordance with the
    objective of the statute. Based on the above reasons, the
    applicant’s application is dismissed with costs of RM5,000.00
    under Section 7(1) of the Act 301

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