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Official Secrets Act 1972

OFFICIAL SECRETS ACT 1972

AKTA RAHSIA RASMI 1972

Act 88 · consolidated to 1 Jan 2006 · 29 pp

Artistic freedom
This copy of the Act is 20 years old. Any amendment made since 1 January 2006 is not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

Matters to documentary, investigative and archival work. A document classified as an official secret carries a mandatory custodial sentence, and the Minister's certificate is conclusive as to classification, so there is no route to argue the material was innocuous.

Start here

What to read first

Section numbers read out of the AGC text itself

s.8Wrongful communication, etc. of official secret
s.8Wrongful communication, etc. of official secret
topicPenalty for making or assisting in making false declaration
s.16ACertificate by a public officer to be conclusive evidence
In practice

Where this one bites

Scenario

Shoot and screen a film or documentary

Approval is the gate, a FINAS licence is the price of admission, and possession alone is an offence.…

Scenario

Stopped, raided, shut down or arrested

This is a frightening place to be, and it usually has more give in it than it feels like. Most of these turn o…

Scenario

Archive, conserve or exhibit heritage material

Listing constrains the owner, export catches the unaware, and copyright outlives everyone who could give permi…

Full arrangement of sections 39 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title
s.2Interpretation
s.2AAddition, deletion or amendment of the Schedule
s.2BAppointment of public officer to classify official document, etc
s.2CDeclassification of official secret by a Minister or a public officer
s.3Penalties for spying
s.4Prohibition of taking or making any document, measurement, sounding or survey of or within a prohibited place
s.5Penalty for making or assisting in making false declarations or statements in obtaining permits
s.6Special power of the court to direct search and seizure
s.7Prohibition from carrying photographic apparatus
s.7ADuty to report request for information, etc
s.7BPlacing in confidence of foreign agent
s.8Wrongful communication, etc. of official secret
s.9Unauthorized use of uniforms, falsification of reports, forgery, personation and false documents
s.10Interfering with police officers or members of the armed forces
s.11Duty to give information
s.12Power to require the production of messages
s.13Harbouring
s.14Attempts, incitements, etc
s.15Restrictions on prosecutions
s.16Burden of proof and presumptions
s.16ACertificate by a public officer to be conclusive evidence
s.17Communications with foreign agents to be evidence of commission of certain offences
s.17ADefence available to a public officer
s.18Power to arrest
s.19Powers of search and seizure
s.20Special powers of investigation
s.21Admission of statements in evidence
s.22Evidence of accomplice
s.23Examination of offenders
s.24Protection of informers
s.25Liability for offences outside Malaysia
s.26Trial of offences
s.27Exclusion of public during proceedings
s.28Criminal liability of corporation or firm
s.29Minister may confer police powers on suitable persons
s.30Powers under Criminal Procedure Code not restricted
s.30ARegulations
s.31Repeal
Full text

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English text

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Teks Bahasa Malaysia

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Source of record · lom.agc.gov.my/act-detail.php?act=88&lang=BI

Who this reaches
Film & TVLiterature, writing & publishingContent creationDigital & media
Important notice

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