BERNAMA ACT 1967

BERNAMA LAWS OF MALAYSIA Act 780 BERNAMA ACT 1967 (Revised—2016) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2016 1 2 Laws of Malaysia Act 780 BERNAMA ACT 1967 Revised up to … … … 1 September 2016 Date of publication in the Gazette of this revised edition … … 15 September 2016 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … 15 September 2016 First enacted in 1967 as Act of Parliament No. 19 of 1967 PREVIOUS Revision First Revision … … … 1990 (Act 449 w.e.f. 26 October 1990) BERNAMA LAWS OF MALAYSIA Act 780 BERNAMA ACT 1967 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and application 2. Interpretation Part II ESTABLISHMENT OF BERNAMA, ITS POWERS AND OBJECTS 3. Establishment of BERNAMA and its powers 4. Common seal 5. Power to enter into any arrangement for sharing of profits, etc. 6. Objects of BERNAMA Part III BOARD OF GOVERNORS 7. Constitution of Board of Governors 8. Functions of the Board Part IV SUPERVISORY COUNCIL 9. Establishment of Supervisory Council 10. Functions of Supervisory Council 11. Members of Supervisory Council 12. Inquiries by Supervisory Council 3 4 Laws of Malaysia Act 780 Part V GENERAL Section 13. Appointment of officers and servants 14. General Manager 15. Powers of Board to accept grants, etc. 16. Powers of Board to borrow 17. Investments 18. Accounts and audit 19. Delegation by the Board 20. Board may establish committees 21. Subscribers 22. Income of BERNAMA 23. Offices of BERNAMA 24. Language of BERNAMA 25. Guarantee of full service 26. Protection against liability of members of Board and Supervisory Council Schedule 5 BERNAMA LAWS OF MALAYSIA Act 780 BERNAMA ACT 1967 An Act to establish and incorporate the Pertubuhan Berita Nasional Malaysia, and to provide for the management and supervision of the Pertubuhan Berita Nasional Malaysia and other matters connected therewith. [6 April 1967] Part I PRELIMINARY Short title and application 1. (1) This Act may be cited as the BERNAMA Act 1967. (2) This Act applies throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “BERNAMA” means the Pertubuhan Berita Nasional Malaysia as established under subsection 3(1); “Board” means the Board of Governors of BERNAMA appointed under section 7; “news or news material” includes international, regional and national— (a) news; 6 Laws of Malaysia Act 780 (b) photographs; (c) information; (d) features; and (e) economic, commodity and financial data, in whatever form or manner. Part II ESTABLISHMENT OF BERNAMA, ITS POWERS AND OBJECTS Establishment of BERNAMA and its powers 3. (1) A body corporate by the name of “Pertubuhan Berita Nasional Malaysia”, or in English the “Malaysian National News Agency”, is established with perpetual succession and a common seal. (2) BERNAMA shall, in respect of movable or immovable property, have the power— (a) to acquire and hold such movable or immovable property; and (b) to dispose of, or otherwise deal with, such movable or immovable property. (3) Without prejudice to the generality of subsection (2) but subject to the Federal Constitution and this Act, BERNAMA shall have and exercise all the powers that may be necessary or expedient for the attainment of its objects or any of the objects. (4) BERNAMA may at its discretion arrange at an appropriate time for the reception through subscription, payment, exchange or other means of international, regional and other news or news material and the distribution of the news or news material to subscribers on such terms as may be arranged. BERNAMA 7 Common seal 4. (1) BERNAMA shall have a common seal and the seal may be broken, changed, altered or made anew as BERNAMA deems fit. (2) Until a seal is provided under this section, a stamp bearing the inscription “Pertubuhan Berita Nasional Malaysia” may be used as the common seal of BERNAMA. (3) All deeds, documents and other instruments requiring the seal of BERNAMA shall be sealed accordingly in the presence of two members of the Board who shall sign every such deed, document or instrument to which such seal is affixed. (4) Such signing shall without further attestation be sufficient evidence that the seal was duly and properly affixed and is the lawful seal of BERNAMA. Power to enter into any arrangement for sharing of profits, etc. 5. BERNAMA, with the approval of the Minister and the concurrence of the Minister of Finance, may— (a) enter into any arrangement for sharing of profits, union of interests, co-operation or joint venture with any person or body of persons; or (b) establish or promote the establishment and expansion of companies under the Companies Act 1965 [Act 125]. Objects of BERNAMA 6. The objects of BERNAMA are— (a) to seek for and present complete, objective and impartial news or news material on any matter of public and national interests within and outside Malaysia; (b) to distribute such news or news material to subscribers on payment either in the form of fees or news exchange or both; and 8 Laws of Malaysia Act 780 (c) to report truthfully and fairly, without prejudice to public and national interest, the views of all sections of the population of Malaysia. Part III BOARD OF GOVERNORS Constitution of Board of Governors 7. (1) The management of BERNAMA is vested in a Board of Governors which shall comprise not less than eleven and not more than thirteen members appointed by the Yang di-Pertuan Agong. (2) The Board shall consist of the following members who are citizens of Malaysia: (a) a Chairman; (b) not more than six representatives of the Government of Malaysia; and (c) not more than six representatives of proprietors of newspapers in Malaysia who are subscribers to BERNAMA. (3) T h e n u m b e r o f r e p r e s e n t a t i v e s a p p o i n t e d u n d e r paragraphs (2)(b) and (c) shall be of equal proportion. (4) The Chairman of the Board shall be appointed after consultations with the proprietors of newspapers in Malaysia who are subscribers to BERNAMA. (5) The members of the Board referred to in paragraph (2)(c) shall be appointed from amongst persons nominated by the proprietors of newspapers in Malaysia who are subscribers to BERNAMA. (6) Part I of the Schedule shall apply to the members of the Board. BERNAMA 9 Functions of the Board 8. The Board shall be responsible for carrying out the objects of BERNAMA as set out in section 6 and to formulate the general policy of BERNAMA. Part IV SUPERVISORY COUNCIL Establishment of Supervisory Council 9. A Supervisory Council is established. Functions of Supervisory Council 10. The Supervisory Council shall have the following functions: (a) to ensure that BERNAMA shall at all times abide by this Act; (b) to consider any complaint from a newspaper, radio or television subscriber to BERNAMA alleging failure or default by BERNAMA to comply with any of the objects or principles laid down in this Act; and (c) to consider any matter referred to it by the Board. Members of Supervisory Council 11. (1) The Supervisory Council shall comprise the following members who shall be appointed by the Yang di-Pertuan Agong: (a) a Judge of the High Court who shall be the President of the Council; (b) one representative of the Government of Malaysia; (c) one representative of the newspapers in Malaysia; (d) the Vice-Chancellor of any one of the Universities in Malaysia; and (e) one other person. 10 Laws of Malaysia Act 780 (2) The member referred to in paragraph (1)(a) shall be appointed in consultation with the Chief Justice. (3) Part II of the Schedule shall apply to the members of the Supervisory Council. Inquiries by Supervisory Council 12. (1) The Supervisory Council shall hold an inquiry into— (a) any complaint under paragraph 10(b); or (b) any matter referred to it by the Board under paragraph 10(c). (2) For the purposes of an inquiry under this section, the Supervisory Council may— (a) receive evidence orally or in writing; or (b) require any person to give such information, which in its opinion is necessary for the purpose of making a finding. (3) The Supervisory Council shall deliver its findings and any recommendations as it deems fit in writing to the Board as soon as possible upon the conclusion of the inquiry. (4) The findings and recommendations, if any, of the Supervisory Council shall, if so directed by the Supervisory Council, be published in full by the Board. Part V GENERAL Appointment of officers and servants 13. (1) The Board shall appoint a General Manager, a Secretary to the Board and such other officers and servants as may be necessary for carrying out its functions under this Act. BERNAMA 11 (2) The General Manager, the Secretary to the Board and other officers and servants of the Board shall be engaged on such terms and conditions as may be prescribed by the Board. General Manager 14. (1) The General Manager shall be the chief executive officer of BERNAMA who is responsible to the Board. (2) All officers and servants of the Board shall be under the control of the General Manager. Powers of Board to accept grants, etc. 15. The Board may accept any contributions, grants, endowments, gifts or bequests made to or in favour of BERNAMA. Powers of Board to borrow 16. The Board may, subject to the approval of the Treasury, borrow or secure the payment of any money required by the Board for the proper carrying out of its functions under this Act. Investments 17. (1) The assets of BERNAMA may be invested by the Board in investments authorized by law for the investment of trust funds. (2) Notwithstanding subsection (1), the Board shall not make any investment in securities issued or registered or other properties situated outside Malaysia except with the approval of the Minister of Finance. Accounts and audit 18. (1) The Board shall keep proper accounts and other records in respect of its operations. 12 Laws of Malaysia Act 780 (2) The accounts of BERNAMA shall be audited by an auditor appointed by the Board with the approval of the Minister. (3) The Board shall, as soon as may be after the end of each calendar year, submit to the Minister an audited account of the income and expenditure of the Board for that year together with a statement of its assets and liabilities. (4) The Minister shall cause the account and statement submitted under subsection (3) together with a copy of any observations of the auditor thereon to be laid before both Houses of Parliament. Delegation by the Board 19. (1) The Board may delegate, in writing under its common seal, to any person or body any of its duties as may be necessary to be performed in or outside Malaysia. (2) Any person or body delegated with such duties under subsection (1) shall— (a) have no control over the moneys of BERNAMA; and (b) act in all respects in accordance with the discretion of the Board. Board may establish committees 20. (1) The Board may establish committees to consider special questions as may be referred to the committees by the Board. (2) The committees shall perform its functions according to the directions given to the committees by the Board. Subscribers 21. The following classes of subscribers are entitled to enter into arrangements to have the services of BERNAMA: (a) newspapers operating in Malaysia; and (b) any other newspapers, news agencies, institutions, bodies or persons and any other subscribers as may be authorized by the Board. BERNAMA 13 Income of BERNAMA 22. (1) The income of BERNAMA shall consist of subscriptions and contributions, grants, endowments, gifts or bequests as may be made to or in favour of BERNAMA. (2) The income of BERNAMA shall be applied solely for the following purposes: (a) to promote the objects of BERNAMA; (b) to pay remuneration, pen