Edgar Joseph Jr SCJ(delivering the judgment of the court)

This was a Reference to the Supreme Court by way of a Special Case in accordance with rr 33 and 34 of the Rules of the Supreme Court 1980 by Syed Ahmad Idid J of the High Court, Borneo, sitting in Kota Kinabalu, under the provisions of s 48(1) of the Courts of Judicature Act 1964. The questions asked in the Reference were these:

(1) Whether s 8A(1) of the Printing Presses and Publications Act 1984 read with s 8A(2), imposes restrictions on the right to freedom of speech and expression conferred by art 10(1)(a) of the Federal Constitution?

(2) If so, whether the restriction imposed is one permitted by or under art 10(2)(a) of the Federal Constitution?

(3) Whether s 8A(1), read with s 8A(2), is consistent with art 10(1)(a) and (2)(a) of the Federal Constitution and therefore, valid?

(4) Whether s 8A(2), by presuming false news per se to be malicious, amounts to pre-censorship and accordingly, contravenes art 10(1)(a) and (2) of the Federal Constitution.

In this judgment, unless the context otherwise requires, we shall, for the sake of brevity and convenience, refer to the Printing Presses and Publications Act 1984 and