Malaysian Bar reiterates call for total repeal of PPPA

The Malaysian Bar has reiterated calls for a total repeal of the Printing Presses and Publications Act 1984 (PPPA), following the government’s raid on Swatch stores and Toko Buku Rakyat.

In a statement, Bar president Karen Cheah said that an independent body should instead be established to regulate and align the publications industry - including that of the press - with fundamental liberties enshrined under the Federal Constitution.

Additionally, Cheah (above) questioned the legality of the raids and seizures of the Home Ministry in recent months.

“Clearly, Section 7 of the PPPA must be read in its context - that any purported prohibition is only applicable upon it having been gazetted in accordance with the PPPA prior to any action being taken by the home minister.

“Three months after the raid on 11 Swatch stores and seizure of items in various shades of the rainbow from May 13 to 15, 2023, only then did the Home Ministry gazette a Printing Presses and Publications (Prohibition of Undesirable Publications) Order 2023 (Prohibition Order) against the ‘publication related to LGBT’.

“The Prohibition Order gazetted stated that ‘any form appearing on Swatch watches of any collection including the boxes, wrappers, accessories, or any other related things’, is not permitted lawfully,” she said.

PPPA not all-powerful

Cheah said that Home Minister Saifuddin Nasution Ismail was expected to make an order published in the gazette regarding the prohibition of any undesirable publication prior to conducting any raids.

“Without a gazette in place prohibiting such ‘undesirable publications’, any raid and seizure carried out by the Home Ministry would most likely be unlawful and excessive,” she added.

Cheah said that while PPPA was still in existence in the Malaysian legislative context, it would mean that not all publications can be published without consequence and that proper and lawful steps need to be taken by the Home Ministry in compliance with the rule of law before these steps can be in force and enforced.

“The Malaysian Bar continues to advocate that the Home Ministry must understand how the law works and the application of the provisions of the PPPA.

“Any exercise of their powers must be within the purview and limits provided under the PPPA.  Powers under the PPPA are not all-encompassing but subjected to qualifications and pre-requirement compliances.

“As such, the Home Ministry must exercise its powers within the confines of the rule of law,” she added.

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