Defamation
11
(4) Nothing in this section shall be construed as limiting or
abridging any privilege subsisting (otherwise than by virtue of the
Libel Enactment of the Federated Malay States [F.M.S. Cap. 70]
and the Libel Ordinance of the Straits Settlements [S.S. Cap. 56]
repealed by this Act) immediately before the commencement of
this Act.
Application of Act to broadcasting
13. (1) The provisions of this Act shall apply in relation to reports
or matters broadcast by means of radio communication as part of
any programme or service provided by means of a broadcasting
station within Malaysia, and in relation to any broadcasting by
means of radio communication of any such report or matter, as
they apply in relation to reports and matters published in a newspaper
and to publication in a newspaper.
(2) Subsection 10(2) shall have effect in relation to such
broadcasting as if for the words “to insert in such newspaper”
there were substituted the words “to publish in the same manner”
and subsection 12(2) shall have effect in relation to any such
broadcasting, as if for the words “in the newspaper in which” there
were substituted the words “in the manner in which”.
(3) In this section “broadcasting station” means any radio
communication station in respect of which a licence granted under
the *Telecommunications Act 1950, being a licence which (by
whatever form of words) authorizes the use of the station for the
purpose of providing broadcasting services for general reception.
Limitation of privilege at elections
14. A defamatory statement published by or on behalf of a candidate
in any election to a local authority or to the Dewan Rakyat or any
Legislative Assembly or other elected or partially elected body
shall not be deemed to be published on a privileged occasion on
the ground that it is material to a question in issue in the election,
whether or not the person by whom it is published is qualified to
vote at the election.
*NOTE—The Telecommunications Act 1950 [Act 20] has since been repealed by the Communications
and Multimedia Act 1998 [Act 588]–see section 273 of Act 588.
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