Comparison View

Formal Consolidation |  2020 RevEd
Power of Attorney-General to give non-publication direction
13.—(1)  The Attorney‑General may, if he or she is satisfied that it is in the public interest to do so and with the leave of the General Division of the High Court under subsection (7), direct the publisher of any matter to refrain from or cease publishing that matter.
[40/2019]
(2)  A direction given under this section may be subject to such exceptions or conditions as may be specified in the direction.
(3)  A direction under this section may be served by such means as prescribed in rules made by the Minister.
(4)  A direction under this section takes effect in respect of the person to whom the direction applies —
(a)from the date when that direction is served or deemed served on that person; or
(b)from such later date as the Attorney‑General may specify.
(5)  Any person who fails, without reasonable excuse, to comply with a direction under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(6)  The Attorney-General may at any time suspend or cancel the direction.
(7)  Leave of the General Division of the High Court must be granted if the General Division of the High Court is satisfied —
(a)on the basis of a prima facie case that the person to whom the proposed direction will apply has published the matter specified in the proposed direction;
(b)on the basis of a prima facie case that the publication of such matter —
(i)imputes improper motives to or impugns the integrity, propriety or impartiality of any court; and poses a risk that public confidence in the administration of justice would be undermined;
(ii)prejudges an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or
(iii)otherwise prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; and
(c)that any exception or condition specified in the proposed direction is just and equitable.
[40/2019]
(8)  An application for leave must be made in such manner as may be prescribed in Rules of Court or Family Justice Rules except that —
(a)the application must be heard without the presence of the person to whom the proposed direction applies or the author of the matter specified in the proposed direction; and
(b)the Attorney‑General is not required to give the publisher notice of the application before the hearing of the application.
(9)  The person to whom the direction applies, or the author of the matter specified in the direction, may apply to the General Division of the High Court to set aside or vary the direction, within such period and in such manner as may be prescribed in Rules of Court or Family Justice Rules.
[40/2019]
(10)  On an application under subsection (9), the General Division of the High Court may set aside or vary the direction in whole or in part if it is satisfied, on the balance of probabilities, that —
(a)the person to whom the direction applies did not publish the matter specified in the direction;
(b)the publication of the matter did not —
(i)impute improper motives to or impugn the integrity, propriety or impartiality of any court; and pose a risk that public confidence in the administration of justice would be undermined;
(ii)prejudge an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; and
(iii)otherwise prejudice, interfere with, or pose a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or
(c)any exception or condition specified in the direction is not just and equitable.
[40/2019]
(11)  An application made under subsection (9) does not operate as a stay of the direction.
(12)  No criminal or civil liability is to be incurred for anything done or omitted to be done with reasonable care and in good faith in complying with a direction given under this section.
(13)  To avoid doubt, nothing in this section prevents the institution or continuation of proceedings for contempt of court in respect of a matter which is the subject of a direction.
(14)  Every offence under this section is an arrestable offence for the purposes of the Criminal Procedure Code 2010.
(15)  The Minister may make rules for the purposes of this section and for prescribing anything that is required to be prescribed.
(16)  All rules made under subsection (15) must be presented to Parliament as soon as possible after publication in the Gazette.
(17)  In this section —
“author” means the originator of the matter published;
“publisher” means any person who publishes the matter and includes an Internet Content Provider as defined in any subsidiary legislation made under the Broadcasting Act 1994 but excludes any person or class of persons that the Minister may prescribe.
Informal Consolidation | Amended Act 25 of 2021
Power of Attorney-General to give non-publication direction
13.—(1)  The Attorney‑General may, if he or she is satisfied that it is in the public interest to do so and with the permission of the General Division of the High Court under subsection (7), direct the publisher of any matter to refrain from or cease publishing that matter.
[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(2)  A direction given under this section may be subject to such exceptions or conditions as may be specified in the direction.
(3)  A direction under this section may be served by such means as prescribed in rules made by the Minister.
(4)  A direction under this section takes effect in respect of the person to whom the direction applies —
(a)from the date when that direction is served or deemed served on that person; or
(b)from such later date as the Attorney‑General may specify.
(5)  Any person who fails, without reasonable excuse, to comply with a direction under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(6)  The Attorney-General may at any time suspend or cancel the direction.
(7)  Permission of the General Division of the High Court must be granted if the General Division of the High Court is satisfied —
(a)on the basis of a prima facie case that the person to whom the proposed direction will apply has published the matter specified in the proposed direction;
(b)on the basis of a prima facie case that the publication of such matter —
(i)imputes improper motives to or impugns the integrity, propriety or impartiality of any court; and poses a risk that public confidence in the administration of justice would be undermined;
(ii)prejudges an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or
(iii)otherwise prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; and
(c)that any exception or condition specified in the proposed direction is just and equitable.
[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(8)  An application for permission must be made in such manner as may be prescribed in Rules of Court or Family Justice Rules except that —
(a)the application must be heard without the presence of the person to whom the proposed direction applies or the author of the matter specified in the proposed direction; and
(b)the Attorney‑General is not required to give the publisher notice of the application before the hearing of the application.
[Act 25 of 2021 wef 01/04/2022]
(9)  The person to whom the direction applies, or the author of the matter specified in the direction, may apply to the General Division of the High Court to set aside or vary the direction, within such period and in such manner as may be prescribed in Rules of Court or Family Justice Rules.
[40/2019]
(10)  On an application under subsection (9), the General Division of the High Court may set aside or vary the direction in whole or in part if it is satisfied, on the balance of probabilities, that —
(a)the person to whom the direction applies did not publish the matter specified in the direction;
(b)the publication of the matter did not —
(i)impute improper motives to or impugn the integrity, propriety or impartiality of any court; and pose a risk that public confidence in the administration of justice would be undermined;
(ii)prejudge an issue in a court proceeding that is pending and such prejudgment prejudices, interferes with, or poses a real risk of prejudice to or interference with, the course of any court proceeding that is pending; and
(iii)otherwise prejudice, interfere with, or pose a real risk of prejudice to or interference with, the course of any court proceeding that is pending; or
(c)any exception or condition specified in the direction is not just and equitable.
[40/2019]
(11)  An application made under subsection (9) does not operate as a stay of the direction.
(12)  No criminal or civil liability is to be incurred for anything done or omitted to be done with reasonable care and in good faith in complying with a direction given under this section.
(13)  To avoid doubt, nothing in this section prevents the institution or continuation of proceedings for contempt of court in respect of a matter which is the subject of a direction.
(14)  Every offence under this section is an arrestable offence for the purposes of the Criminal Procedure Code 2010.
(15)  The Minister may make rules for the purposes of this section and for prescribing anything that is required to be prescribed.
(16)  All rules made under subsection (15) must be presented to Parliament as soon as possible after publication in the Gazette.
(17)  In this section —
“author” means the originator of the matter published;
“publisher” means any person who publishes the matter and includes an Internet Content Provider as defined in any subsidiary legislation made under the Broadcasting Act 1994 but excludes any person or class of persons that the Minister may prescribe.