10
Laws of Malaysia
Act 803
Setting aside of order for removal of publication containing
fake news
8. (1) Subject to subsection (3), the person against whom an
order under section 7 is made may apply to set aside the order
within fourteen days from the date the order is served on him.
(2) An application to set aside under subsection (1) shall not
amount to a stay of the order for removal under section 7.
(3) If an order under section 7 is obtained by the Government
relating to a publication containing fake news which is prejudicial
or likely to be prejudicial to public order or national security,
there shall be no application for the setting aside of such order
by the person against whom the order was made.
Court may order for removal of publication containing
fake news by police officer or authorized officer under the
Communications and Multimedia Act 1998
9. (1) If the person against whom the order is made under
section 7 fails to remove the publication containing fake news,
the Court may, on the application of the Public Prosecutor make
an order directing a police officer or an authorized officer under
the Communications and Multimedia Act 1998 [Act 588], as the
case may be, to take the necessary measures to remove such
publication.
(2) The application under subsection (1) shall be made in the
form prescribed in the First Schedule and shall be accompanied by
a police report and other documents supporting such application.
(3) Upon receiving the application under subsection (2) and
after considering such application or such other evidence, if the
Court is satisfied that the publication containing fake news should
be removed, the Court may make an order in the form prescribed
in the Second Schedule requiring a police officer or an authorized
officer under the Communications and Multimedia Act 1998 to
take the necessary measures to give effect to the order.