Official Secrets Act 1972

The Official Secrets Act 1972 (Malay: Akta Rahsia Rasmi 1972, abbreviated OSA), is a statute in Malaysia prohibiting the dissemination of information classified as an official secret. The legislation is based on the Official Secrets Act of the United Kingdom. After criticism of the act for lacking clarity, it was amended in 1986.^[1]

Provisions

The act defines an "official secret" as:

...any document specified in the Schedule and any information and material relating thereto and includes any other official document, information and material as may be classified as 'Top Secret', 'Secret', 'Confidential' or 'Restricted', as the case may be, by a Minister, the Menteri Besar or Chief Minister of a State or such public officer

The Schedule to the Act covers "Cabinet documents, records of decisions and deliberations including those of Cabinet committees", as well as similar documents for state executive councils. It also includes "documents concerning national security, defence and international relations".

Criticism

The act has been criticised for ostensibly stifling dissent and reducing transparency in government workings. One statesman has suggested that the act has turned the press into "an alternative Government Gazette". In addition, the usage of the act to classify documents which "cannot by any stretch of the imagination be reasonably confidential or secret" has been criticised.^[1]

Structure

The Official Secrets Act 1972, in its current form (1 January 2006), consists of 31 sections and 1 schedule (including 9 amendments), without separate Part.

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

References

^ a b Wu, Min Aun & Hickling, R. H. (2003). Hickling's Malaysian Public Law, pp. 91–92. Petaling Jaya: Pearson Malaysia. ISBN 983-74-2518-0.

External links