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Publishing permit a 'privilege', not a right
Published:  Sep 16, 2011 8:58 AM
Updated: 7:59 AM

The issuance of a permit to publish a newspaper is a "privilege", not a right, the Home Ministry says.

It takes this position in its affidavit-in-reply to a judicial review application filed by news portal Malaysiakini on the rejection of its application for a publishing permit last year.

deputy home minister abu seman pc on teen shooting panel 300410 02 In the affidavit filed on Monday, Deputy Home Minister Abu Seman Yusop said the decision to reject Malaysiakini's application had nothing to do with the suppression of freedom of speech.

Aside from stating that a permit was a "privilege", Abu Seman argued that the issuance of such a permit should not be equated to freedom of speech and that the news portal's staff had always been free to publish news on their website.

Earlier this year, Malaysiakini filed its application for the judicial review to challenge the ministry's decision in rejecting its move to publish a newspaper.

The affidavit named the ministry's secretary-general, the home minister and the Malaysian government as the first, second and third respondents.

The news portal's chief executive officer, Premesh Chandran, said this was a test case to challenge the powers of the home minister.

Publishing a newspaper, Premesh said, was a constitutional right and that Malaysiakini had a proven track record for being independent, balanced and credible.

Licencing regime keeps media in check

In August last year, the Home Ministry in a letter informed Malaysiakini of its decision rejecting the application for a publishing permit - the news portal's second bid for a print edition after an earlier application in 2002 was rejected.

All newspapers operating in Malaysia need a publishing permit that must be renewed annually as required under the Printing Presses and Publications Act 1984.

The licencing system has often been criticised as a convenient mechanism for the government to ban media organisations at will and keep publishers in check.

However, the online media has remained relatively free, despite occasional raids - bans and harassment included - because of the government's pledge not to censor the Internet since the Mahathir Mohamad era.

Yesterday, Prime Minister Najib Razak announced in a special Malaysia Day address that newspapers no longer need to renew their publishing licence every year - it will be replaced with a licence which will remain valid until it is cancelled.

The case is to be mentioned on Oct 5 before the High Court in Kuala Lumpur.

Gov't revives 'self-regulatory' press council

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