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Media law

1.0 INTRODUCTION 1.1 LAW There are various definitions of the law given by renowned philosopher such as below Sir John Salmond definition: Law is the body of principles recognized and applied by the State in the administration of justice or in other words, the law enforced by the court. John Austin definition: The order issued by a competent body for ordinary persons and enforced by law. Thomas Hobbes definition: A law is a method of obligatory treatment that is to be complied with which is urgent or forceful. The law is not something easy to define. What is certain is that we struggle with daily law in our lives. 1.2 MEDIA LAW Media law is a complex mix. It brings together a number of areas of law, civil and criminal, with different origins and histories. The case under review shows an increasing tendency to emphasis freedom of expression as unifying principle. 1.3 OBJECTIVE With this study we as Malaysian can add knowledge about laws and regulation in Malaysia. If we are subject to legal action, at least we as lawbreaker know the laws or regulation that apply to us, so that ruling person will not impose punishment on us. 2.0 LAW 2.1 Act 301 Printing Presses And Publications Act 1984 An act to regulate the use of printing presses and the printing, importation, productions, reproduction, publication, and distribution of publications and of matters connected therewith. [1 September 1984, P.U. (B) 364/1984] 2.1.1 Section 7 Undesirable Publication According to section 7 of the undesirable publication if the Minister is satisfied with the publication of any caricature, photographs, reports, notes, writings, sounds, music, creations or other matters affecting public order, morality, security, or disturbing the public’s mind or to the contrary with law or otherwise prejudicial to or is likely to be prejudicial to the public or national interests, as a minister, he may forbid in his sole discretion by order published in the prohibited news, or subject to prescribed conditions, printing, importation, production, reproduction, the production, sale, production, distribution, distribution or ownership of the proceeds and the outcome of the issuer’s future production. This is related to a book that i studied titled SIS FORUM (Malaysia) entitled Muslim Women and the Challenges of Islamic Extremism which has been blocked by the minister under the act s 7 of the Printing Presses and Publication Act 1984. 3.0 CONTENT 3.1.1 ISSUES SIS FORUM (Malaysia) a book entitled Muslim Women and the Challenges of Islamic Extremism. The book was filled with the activist woman’s essay. A group of 18 female activists from Indonesia, Malaysia, Philippines, Singapore, Egypt, Jordan, Iran, Morocco, and Turkey. They gather together at Bellagio, Italy sometime between 30 September 2 October 2003. Those essay paper has been edited by SIS FORUM and published as Muslim Women and the Challenges of Islamic Extremism. This book was banned because the minister chose to play action under “disrupting public order”. The minister decision only says “disrupting public order” but does not give a more specific reason or support the statement. Why? Rozana Binti Mohd Isa is one of the SIS FORUM directors (applicants) stated that they received this news only through social media without any letter statement from the minister himself after the book was banned. Applicant finally received a formal letter from the ministry after the inquiry is made by applicant on this issue. The letter from the ministry stated that the content in this book touches the sanctity of Islam, beliefs, principles and teaching of Islam that contradict the religion of Islam. As can be seen there is no statement that mention “disrupting public order”. The letter itself signed by Che Din Yusoh, secretary of the division, ‘Kawalan Penerbitan Dan Teks Al-Quran’ as well as on behalf of chief secretary, ‘Kementerian Keselamatan Dalam Negeri’. 3.1.2 LAW According to s 7 under Printing Preses And Publication Act 1984, as a minister he can act on the basis of if other matters affecting public order, morality, security, or disturbing the public’s mind or to the contrary with law or otherwise prejudicial to or is likely to be prejudicial to the public or national interests. The minister chose to play action under “disrupting public order”. Since the ministry does not explain in detail why this book is banned, Jabatan Kemajuan Islam Malaysia (JAKIM) volunteered to state the reason. There are found to be in violation of JAKIM guidelines, among them are guideline 3(i): Tidak mengandungi perkara yang menyentuh kesucian islam, guideline 3 (v): Tidak memporakpegandakan akidah, hukum dan ajaran yang bercanggah dengan mazhab ahli sunnah wal jamaah. Guideline 3(vii): Tidak menimbulkan keraguan dan kegelisahan awam. 3.1.3 APPLICATION The effect of the minister’s statement posed a question mark, why he did not issue a statement more specifically but only issued a “disrupting public order” statement but JAKIM who voluntarily expressed the statement. Besides that regarding the book, ten of the essay only seven pages that have offended JAKIM guideline. According to JAKIM the book itself touched on the sanctity of Islam, propagating conflicts of faith, law and teachings with the Sunnah Wal Jamaah and opposed to the fatwa or opinion of the Jumhur Ulama and raising public doubts and anxieties’. Other than that, writing from this seven pages can confuse the Muslim especially women JAKIM also said that there is a statement about the religion of Islam in accordance with the writing of the writer itself can also confuse the Muslim especially those who are shallow Islamic religious knowledge. 3.1.4 CONCLUSION In summary i support the action of JAKIM because this issue touches the sensitivities of the Islamic religion. The government also plays an important role in the production, sale, distribution, importation and also reproduction of any publisher. This is because the government has the power and Malaysia there are laws that can be imposed on offenders. If the government does not take action , then all content will be spread and this can cause various unwanted issues among the public. We as Malaysian should also be careful in selecting the reading material so that it is not too quickly affected and overly followed by the writing.

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