GUIDELINES FOR PUBLISHING MINISTRY OF HOME AFFAIRS 1. OBJECTIVES 1.1. These guidelines are prepared to explain and clarify the meaning and scope of undesirable publications outlined under Section 7(1) of the Printing Presses and Publications Act 1984, that is:- 1.1.1. prejudicial to public order 1.1.2. prejudicial to security 1.1.3. prejudicial to morality 1.1.4. alarming to public opinion 1.1.5. contrary to any law 1.1.6. prejudicial to public interest 1.1.7. prejudicial to national interest In order to avoid misunderstanding that may arise as regards what may and may not be published in a certain publication. 2. DEFINITION OF TERMS 2.1. The following terms as defined under Section 2 of the Printing Presses and Publications Act 1984: 2.1.1. Publication a. Document, newspaper, book, comic, sticker, poster and magazine whether periodical or non-periodical; b. All written or printed matter and everything whether of a nature familiar to written or printed matter or not containing any visible representation; c. Anything which by its form, shape or in any manner is capable of suggesting words or ideas; d. An audio recording; and e. Publication in digital form. 2.1.2. Newspaper Means any publication containing news, intelligence, reports on occurrences or any remarks, observations or comments, in relation to such news, intelligence or occurrences, or to any other matter of public interest, or any magazine, comic or other forms of periodical printed in any language for sale or free distribution at regular or irregular intervals, but does not include any publication published by or for the Federal or any State Government or the Government of Singapore. 2.1.3. Document Means any paper, card or other material or substance on which is printed, typed, written or marked, letters, figures, marks, pictorial or any other visible representation and includes a newspaper, book and pamphlet. 2.1.4. Undesirable Publication Means any publication that contains any article, caricature, photograph, report, notes, writing, sound, music, statement or any other thing which is in any manner prejudicial to or likely to be prejudicial to public order, morality, security, or which is likely to alarm public opinion, or which is or is likely to be contrary to any law or is otherwise prejudicial to or is likely to be prejudicial to public interest or national interest. 2.1.5. Prohibited Publication Means any publication which has been prohibited under Section 7(1) of the Printing Presses and Publications Act 1984 and includes 1 any copy, reproduction, extract or any translation, precis or paraphrase thereof. 2.1.6. Audio Recording Means any material on which is recorded a recording of a human voice or of instrumental music or other sounds and includes phonograph records, tapes and laser discs. 3. UNDESIRABLE PUBLICATIONS 3.1. Publications Prejudicial to Public Order 3.1.1. Publications that contain an incitement to violence against persons or property; 3.1.2. Counsel an act or behaviour that leads to a breach of the peace; 3.1.3. Counsel feelings of ill will, hostility, enmity, hatred and prejudice against other people or races; and 3.1.4. Disseminate deviant or diverging teachings, or disparage the religion of Islam and other religions practised in Malaysia. 3.2. Publications Prejudicial to Morality 3.2.1. Publications that contain anything which by its form, shape and behaviour or in any manner is capable of suggesting words or ideas that are obscene, arousing sexual desires or any other that is contrary to public decency, moral values, social norms and religious teachings. 3.3. Publications Prejudicial to Security 3.3.1. Publications that arouse sensitivity including matters relating to rights, status, position, privileges that are protected and enshrined in the Federal Constitution; 2 3.3.2. Incite feelings of dissatisfaction towards the sovereignty and institution of monarchy in Malaysia or contrary to the Rukunegara and national security; 3.3.3. Disseminate ideology that is contrary to the practice of democracy in this country; and 3.3.4. False and erroneous statements or distorted statements regarding occurrences in Malaysia to the extent of threatening national security. 3.4. Publications Alarming to Public Opinion 3.4.1. Publications that contain any news, articles or information that is exaggerated, amplified or misleading and creates misunderstanding; and 3.4.2. Dissemination of news that is unfounded that can cause unease and fear among the public. 3.5. Publications Contrary to Any Law 3.5.1. Publications that contain elements contrary to and contravening the Federal Constitution, any law of the Federation or State in force and include any rule, regulation and provision provided under it. 3.6. Publications Prejudicial to Public Interest 3.6.1. Publications that contain any form of report, article, column, picture or statement contrary to public interest. 3.7. Publications Prejudicial to National Interest 3.7.1. Publications that contain elements prejudicial to the country politically, economically and socially. 3 4. MATERIALS THAT ARE PROHIBITED 4.1. Writings/ Articles 4.1.1.Any form of article that is prejudicial to any particular race or religion and can threaten national security and public order. 4.1.2. Contents that touch upon the sensitivity of religion, culture and the way of life of another race. 4.1.3. Containing seditious elements (politics, race, economy) that are contrary to national policy, threaten national security and public order. 4.1.4. The use of profanity, coarse and crude language is prohibited. 4.1.5. Any form of article, story, graphic or metaphoric description of sexual acts. 4.1.6. Promoting a hedonistic lifestyle contrary to religious teachings and a civilised society such as portraying cohabitation, fornication, homosexuality, heterosexuality, incest, drug abuse, black metal, punk, skinhead cultures. 4.1.7. Detailed question and answer session on sex that is not academic in nature, except in special publications on health and medicine, but should not be too excessive. 4.1.8. Articles, stories or comics promoting gangsterism or highlighting violent behaviour. 4.1.9. Mystical and mysterious stories contrary to the teachings of Islam. 4.1.10. Religious publications other than about Islam are prohibited from using specific Islamic terms such as Allah, Baitullah, Solat and Kaabah except when explaining those terms. 4.1.11. Not containing Quranic verses other than in Arabic except for publications in magazine form to respect its sacredness. 4.1.12. Detailed reports of criminal cases such as rape, murder and robbery as they do not normally truly reflect the occurrences. 4 4.1.13. Section 15(2) of the Child Act 2001 provides that media shall not publish information relating to the background of a child implicated in a criminal case such as his name, address or learning institution. 4.2. Images 4.2.1. Images of a man or woman in the following situations:a) nude b) nude but with the private part covered, such as with the hand, leaf, blacked out/blurred (mosaic), etc. 4.2.2. Images of a woman or man in a provocative and indecent pose. Example:a) woman bending down or lying on her stomach in such a way as to expose a large part of her breasts b) woman sitting down with her legs spread apart to reveal her upper thighs. c) woman or man disrobing to reveal the private parts 4.2.3. Images of a woman wearing thin, transparent, low-cut clothing or with holes to the extent of revealing her body shape or private parts. 4.2.4. Images of a man, woman or couple embracing, kissing, being passionate, hugging or holding a pose suggesting a prelude to sexual relations. 4.2.5. Woman in bikini except at a beach or swimming pool or similar appropriate places, or in publications relating to medicine, surgery, cosmetics or fashion but not too excessive or contravening public decency. 4.2.6. Woman or man wearing G-string or underwear that clearly outlines the private part. 4.2.7. Photographs of nude model painted with design resembling tattoo that exposes the private parts. 5 4.2.8. Paintings or sculptures of nude bodies except those that do not display sexual organs prominently or that relate to religion. 4.2.9. Aerial photographs except with the consent of the Mapping Department. 4.2.10. Aerial photograph of protected areas and protected places under Ordinance 33/59 and Act 88/72. 4.2.11. Illustrations (pictures, drawings, sketches, etc) of prophets and the Messenger of God, angels, the first four caliphs of Islam, and wives of prophets and the Messenger of God. 4.2.12. Disturbing images of actual occurrences such as accidents, wars or bombings. Example: headless bodies, dismembered limbs or closeup view of wounded body parts. 4.2.13. Toys such as jigsaw puzzles that have pictures or drawings of a sexual/obscene nature or containing Quranic verses that can mar the sacredness of the Quran. 4.3. Advertisements 4.3.1. Advertisements using a woman in a suggestive pose in order to attract attention more than the product they try to promote. 4.3.2. Advertisements of sexual aid products such as artificial private parts. 4.3.3. Advertisements of birth control products such as condoms that portray a man and a woman in a suggestive position. The advertisements should promote just the name of the product and its use. Description of its use should not be in detail. 4.3.4. Advertisements of gaming, competition with gaming element, promotion and forecast of gaming except announcement of results. 4.3.5. Advertisements of alcoholic drinks in Malay language publications. 4.3.6. Advertisements of 600 telephone number offering phone chat service (Cabinet decision of 14th August 2002). 6 4.3.7. Advertisements that place Quranic verses and hadith verbatim. The advertisements should only publish the meaning or the translated version together with the name of the surah, number of the verse and name of the narrator of the hadith. 4.3.8. Advertisements that use the image of a mosque or Kaabah for an unrelated product or service. 4.3.9. Advertisements that touch on religious sensitivity, ridicule cultures or ways of life of the various races and threaten the noble values and norms of the Malaysian society. 4.3.10. Any kind of advertisement from the State of Israel. 4.3.11. Cigarette advertisements or any promotion of brands relating to cigarette and tobacco. 4.3.12. Advertisements of medicine except with the approval of the Ministry of Health. The approval reference code of the ministry should be displayed prominently. 4.3.13. Advertisements pertaining to loans or illegal money-lending without approval from the Ministry of Finance to act as licensed moneylenders and advertising permit from the Ministry of Housing and Local Government. 4.3.14. Advertisements relating to activities of a medicine man or shaman that are extreme in nature and deviate from Islamic teachings and using incantations that are against Islam. 4.3.15. Advertisements using SMS to download pictures and words that are negative in nature, immoral, as well as promote drug abuse, hallucinogens and other negative cultures. 4.3.16. Any advertisement from a foreign embassy should seek the prior approval of Wisma Putra before it may appear in any publication. 4.3.17. Advertisements pertaining to the supply and repair of firearms, bullets and accessories relating to it. 4.3.18. Advertisements relating to social escorts and massage services are not allowed except those displaying full details of the service provider such as name, identity card number, address of the service premises and telephone number. 7 4.4. Audio Recordings or Lyrics 4.4.1. Interpretation under Section 2 of the Printing Presses and Publications Act 1984: “Audio recording means any material on which is recorded a recording of a human voice or of instrumental music or other sounds and includes records, tapes and laser discs.” 4.4.2. Audio recordings should not contain the following:a) Audio recordings or lyrics containing erotic elements. b) Audio recordings or lyrics containing elements inciting a certain group or race with malicious intent, creating conflict and chaos and thereby threatening the peace and harmony of the country. c) Audio recordings or lyrics that insult or ridicule the king and country, any religion, culture or way of life of the various races. d) Audio recordings or lyrics containing elements of teaching or ideology that is contrary to the belief and practice of Ahli Sunnah Wal Jamaah. e) Audio recordings or lyrics that encourage drug abuse, free sex, illegal gaming and devil-worship. f) Sounds that arouse and stir sexual desires of listeners such as seductive sighs and the like. 4.5. OTHER PUBLICATIONS 4.5.1. Anything by its form, shape or manner that is capable of suggesting words or ideas that are obscene, arouse sexual desires or anything that contravenes religious teachings, public decency, good morals and social code of conduct. 4.5.2. Sexual aids resembling sexual organs that can influence the mind towards imagining something erotic and arousing sexual desires. 8 4.5.3. Toys and ornaments resembling sex organs such as breasts, private parts, etc. 4.5.4. Nude statues or sculptures in human form or which show private parts. 4.5.5. Clothing and personal ornaments that have a picture or image that is erotic in nature such as the image of a nude woman. 4.5.6. Toys, gifts and dolls producing lewd and erotic sounds. 4.5.7. Personal ornaments, gifts and clothing with the picture of marijuana leaf and things associated with drugs. 4.5.8. Personal ornaments, gifts and clothing with a picture or image that is in contravention to public decency, good morality or social code of conduct such as accessories associated with the black metal culture. 4.5.9. Personal ornaments, gifts, dolls, toys and clothing that ridicule any religion. 4.5.10. Objects that contain elements of deviant belief and divergent culture such as pictures of animals and statues believed to resemble the angels and prophets that are supposed to be sacred. 5. Apart from the matters stated above, all publications shall comply with the guidelines issued by the Department of Islamic Development (JAKIM), as follows: 5.1. 5.2. 5.3. 5.4. Guidelines on Censorship of Islam-Related Publications; Guidelines on Deviant Beliefs and Talismans; Guidelines on Shamanism According to Islam; and Guidelines on Printed and Audio-Visual Publications in Relation to True Teachings and Practice of Ahli Sunnah Wal Jamaah. The Publication and Quranic Texts Control Division Ministry of Home Affairs 9 10
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