This article first appeared in The Edge Malaysia Weekly on November 25, 2024 - December 1, 2024

REGULATION of digital media, reinstatement of the renewal of permits and licences for media companies, prohibition on coverage of race, religion and royalty (3R) issues, and harsher penalties. These are some of the provisions that the federal government has proposed to be included in the amendments to the Printing Presses and Publications Act (PPPA) 1984, sources familiar with the matter tell The Edge.

The proposed amendment bill is expected to be tabled by the Ministry of Home Affairs (KDN) during the parliamentary session in December.

It is understood that a meeting of the Parliamentary Special Select Committee on Infrastructure, Transportation and Communications was held in mid-November to discuss the bill. How these amendments will be perceived remains to be seen.

In May, it was reported that KDN was mulling expanding the PPPA to cover digital media content, and that the Malaysian Communications and Multimedia Commission (MCMC) planned to license social media and messaging platforms as well. The plans for tighter regulations were not received well.

The potential amendments to the PPPA came hot on the heels of Malaysia’s slipping 34 places in the World Press Freedom Index to 107th in 2024, from 73rd last year, falling behind Thailand (87th), but ahead of Indonesia (111th), Brunei (117th), Singapore (126th), the Philippines (134th), Cambodia (151st), Laos (153rd), Myanmar (171st) and Vietnam (174th).

It is understood that the key proposed amendments to the PPPA include reinstating the mandatory licence renewal requirement, which had been done away with under Datuk Seri Najib Razak’s administration.

During Najib’s tenure between 2009 and 2018, some amendments to relax the PPPA were made to remove the requirement of annual renewal of licences and permits to operate publishing and printing firms. Nevertheless, the government maintained its grip on the press with the power to approve or deny new licence applications.

Under the latest proposed amendment, companies will need to renew their licences every three years.

According to a reliable source, however, the government’s narrative is that reinstating the three-year renewal is intended to address the issue of unused permits and licences.

“Some individuals or companies own these permits and licences but, instead of using them, they have attempted to sell the permits to others, which is what the government claims it is trying to curb,” the source adds.

For violation of newspaper publication permit conditions, KDN has proposed under the amendment to impose up to three years’ jail time or a fine of up to RM100,000, or both, as the current practice of issuing a show-cause letter and warnings has been deemed ineffective.

The Act has imprisonment terms for violation of printing press permit conditions, possession of prohibited publications, publication of fake news and publishing without the names of the printer and publisher.

Another key aspect under the proposed amendment is the expansion of the definition of “publication” to include digital and electronic contents, which could result in online portals being required to adhere to the same rules as print media under the KDN.

“[That includes] anything produced digitally, electronically, magnetically or mechanically, and a replication or substantial replication of that publication,” the source says, pointing out that the amendment is to allow for control over content published by news portals, e-books, e-magazines, e-newspapers and the like. It is unclear whether the amendment would include blog sites.

“The question is how do you define which sites will require permits?” he adds. “If I am journalling about my own community online, is that considered a publication?”

At present, online portals do not require licensing. However, they fall under Section 233 of the Communications and Multimedia Act 1998 (CMA), which is enforced by the Malaysian Communications and Multimedia Commission (MCMC).

For perspective, Section 233 criminalises online content that is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person. For some time now, Section 233 has been the focus of discussions, including by the Malaysian Bar, urging the government to amend it because of its ambiguity.

MCMC has been looking to regulate social media platforms and introduce licensing requirements, suggesting that it is looking to control the dissemination of content that may cause issues such as disharmony in the country. The commission had said in July that this was also part of a new regulatory framework for a safer internet for children and families that was introduced on Aug 1, 2024, and whose enforcement would come into effect on Jan 1, 2025.

Failure to obtain a licence after the effective date will be an offence, and appropriate legal action can be taken under the CMA (Act 588).

The proposed PPPA amendment is also aimed at addressing specific offences involving 3R, including the power to restrict or ban publications seen to be touching on these topics, which are deemed sensitive.

“[It is] supposedly refined for clearer reading,” another source says of the 3R amendments. “However, there is a lack of clarity on what is deemed as sensitive when reporting on 3R matters.”

At present, the PPPA does not specifically state that publications cannot publish issues related to 3R. Under Sec 7 (1), KDN already has broad control over the printing, importation, reproduction, publishing and distribution of publications in the country, including for contents deemed to be prejudicial to public order, morality or security.

It is understood that the proposed amendments will also prohibit the importation of any publications that touch on 3R matters, and will include harsher criminal penalties and increased fines levied against media houses for breaches.

Last week, media rights groups, sensing the tightening of regulations, called on KDN to provide clarification on “rumoured” amendments to the PPPA and expressed concern that the proposed changes would affect media freedom and newsroom operations.

The media rights groups, including the National Union of Journalists Malaysia, the Centre for Independent Journalism and Gerakan Media Merdeka, have called on the government to ensure that the new policies do not undermine media freedom.

In response, Minister of Communications Fahmi Fadzil said he was prepared to hear the views of media practitioners regarding the proposed amendment to the PPPA, although the matter does not fall under his jurisdiction.

The latest talk of proposed amendments caught some by surprise, because Minister of Home Affairs Datuk Seri Saifuddin Nasution Ismail had said in March, after being asked by several senior editors from news agencies about the matter, that the ministry would not be making amendments to the PPPA.

He said that while the ministry had no plans to abolish the PPPA, it was looking at “small things” in the Act such as the quantum of compounds imposed. “So, any amendments we are making is not to try to control online media; it’s only concerning the compounds,” Saifuddin had told the media.

At last Thursday’s parliamentary session, Prime Minister Datuk Seri Anwar Ibrahim said he acknowledged the decline in Malaysia’s ranking on the World Press Freedom Index, and pointed out that the country was bound by the 3R issues.

“While we allow people to speak about it, the conference of the Malay Rulers is very firm. So, we are also bound by the view of the Rulers that they do not want and allow any criticism from the public [against the royalty] without any actions,” he said.

“On the many criticisms against me [as prime minister], there is no action [against the press]. But if there is a police report, let the police handle it. I don’t care much about such things [criticism against him].” 

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