JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT 1962

Judicial Proceedings (Regulation of Reports) LAWS OF MALAYSIA REPRINT Act 114 JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT 1962 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT 1962 First enacted Revised ... ... ... ... ... ... ... 1962 (Act No. 29 of 1962) ... ... ... ... ... ... ... ... 1973 (Act 114 w.e.f. 1 August 1973) PREVIOUS REPRINTS First Reprint ... Second Reprint ... ... ... ... ... ... ... ... ... 1995 2000 3 LAWS OF MALAYSIA Act 114 JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT 1962 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Restriction on publication of reports 4. Penalty 5. Sanction 6. Saving 4 Laws of Malaysia ACT 114 Judicial Proceedings (Regulation of Reports) 5 LAWS OF MALAYSIA Act 114 JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT 1962 An Act to regulate the publication of reports of judicial proceedings in such manner as to prevent injury to public morals. [Peninsular Malaysia—15 March 1963, L.N. 70/1963; Sabah and Sarawak—30 September 1965, L.N. 358/1965] Short title 1. This Act may be cited as the Judicial Proceedings (Regulation of Reports) Act 1962. Interpretation 2. In this Act— “domestic proceedings” means proceedings— (a) under the Guardianship of Infants Act 1961 [Act 351], the Guardianship of Infants Ordinance of Sabah [Cap. 54] and the Guardianship of Infants Ordinance of Sarawak [Cap. 93]; (b) under the Married Women and Children (Maintenance) Act 1950 [Act 263], and the Maintenance Ordinance 1959 of Sabah [Ord. 7 of 1959]; (c) under the Maintenance Orders (Facilities for Enforcement) Act 1949 [Act 34]; and *(d) under section 12 of the Law Reform (Marriage and Divorce) Act 1976 [Act 164], other than proceedings for the enforcement of an order made under the provisions of law mentioned in paragraphs (a) and (b), or for the variation of any requirement for the payment of money contained in an order made under the said provisions, or in an order made or confirmed under the Act mentioned in paragraph (c); *NOTE—See section 109 Law Reform (Marriage and Divorce) Act 1976 [Act 164]. Laws of Malaysia 6 ACT 114 “judicial proceedings” includes a proceeding before any court, tribunal or person having by law power to hear, receive and examine evidence on oath. Restriction on publication of reports 3. It shall not be lawful for the proprietor, editor or publisher of a newspaper or periodical to print or publish, or cause or procure to be printed or published— (a) in relation to any judicial proceedings any indecent matter or indecent medical, surgical or physiological details being matter or details the publication of which would be calculated to injure public morals; and (b) (i) in relation to any judicial proceedings for dissolution of marriage, nullity of marriage, judicial separation or restitution of conjugal rights; or (ii) in relation to any domestic proceedings, any particulars other than the following, that is to say: (I) the names, addresses and occupations of the parties and witnesses; (II) the grounds of the application or a concise statement of the charges, the defences and counter charges in support of which evidence has been given; (III) submissions on any point of law arising in the courts of the proceedings and decision of the court thereon; and (IV) the judgment of the court and any observations made by the court in giving it: Provided that nothing in this paragraph shall be held to permit the publication of anything contrary to paragraph (a). Penalty 4. Any person acting in contravention of this Act shall in respect of each offence be liable on conviction to imprisonment for a term not exceeding four months or to a fine not exceeding one thousand ringgit or to both. Judicial Proceedings (Regulation of Reports) 7 Sanction 5. No prosecution for an offence under this Act shall be commenced without the sanction of the Public Prosecutor. Saving 6. Nothing in this Act shall apply to the printing of any pleading, transcript of evidence or other document for use in connection with any judicial proceedings or the communication thereof to persons concerned in the proceedings, or to the printing or publishing of any notice or report in pursuance of the directions of the court; or to the printing or publishing of any matter in any separate volume or part of any bona fide series of law reports which do not form part of any other publication and consists solely of reports of proceedings in courts of law, or in any publication of a technical character bona fide intended for circulation among members of the legal or medical professions. ACT 114 Laws of Malaysia 8 LAWS OF MALAYSIA Act 114 JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT 1962 LIST OF AMENDMENTS Amending law Short title In force from L.N. 358/1965 Modification of Laws (Judicial Proceedings) (Regulation of Reports) (Extension to Borneo States) Order 1965 30-09-1965 Act 160 Malaysian Currency (Ringgit) Act 1975 29-08-1975 Act 164 Law Reform (Marriage and Divorce) Act 1976 01-03-1982 Judicial Proceedings (Regulation of Reports) LAWS OF MALAYSIA Act 114 JUDICIAL PROCEEDINGS (REGULATION OF REPORTS) ACT 1962 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act 164 01-03-1982 4 Act 160 29-08-1975 DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA 9