Section 4
Section 4
(1)
A Magistrate may, upon the application of the Public Prosecutor, order the suspension of the publication of any local newspaper and any overseas newspaper for a period not exceeding 6 months if —
Newspapers
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(a)
the newspaper concerned has published any matter calculated or tending to persuade or induce any person or persons whether individually or as members of the general public or as a class or section thereof —
(i)
to commit an offence; or
(ii)
to become a member of, contribute to the support of, recruit for, proselytize on behalf of or otherwise support any unlawful society within the meaning of the Societies Act (Chapter 203);
(b)
the printer, publisher, or editor has been convicted of committing, in respect of anything published in that newspaper —
(i)
any offence punishable under Chapter VI of the Penal
Code (Chapter 22);
(ii)
any offence against section 4 of the Sedition Act
(Chapter 24);
(iii)
any offence against section 4 of the Undesirable
Publications Act (Chapter 25);
(iv)
any offence of a nature prejudicial to the security of
Brunei Darussalam; or
(v)
any offence of a nature prejudicial to the maintenance within Brunei Darussalam of peace or public order.
(2)
A Magistrate may, upon the application of the Public Prosecutor, order that pending the determination of any proceedings against the printer, publisher or editor of a newspaper for any offence mentioned or referred to in subsection (1) —
(a)
the publication of that newspaper shall be suspended; or
(b)
that newspaper shall not publish any matter relating to such topics as may be specified in the order, being topics in respect of or in connection with which the offence for which proceedings are pending is alleged to have been committed or being similar or related topics.
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(3)
It shall be an offence —
(a)
to contravene an order made under subsection (2);
(b)
to print, sell or offer for sale or distribute any newspaper the publication of which, or any publication of matter in which, constitutes an offence by virtue of this subsection;
(c)
during the validity of any such order to remove from the premises anything which the Commissioner of Police is directed by subsection (4) to seize upon an order suspending the registration:
Penalty, a fine of not exceeding $40,000, imprisonment for a term not exceeding 3 years or both.
(4)
When an order is made under subsection (1), the Commissioner of Police, or any police officer authorised by him in writing under his hand shall seize and detain all the machinery, type, appliances, paper, printing materials, writing materials, books, documents, writings, effects and things used to produce the newspaper the registration of which has been suspended.
(5)
The Commissioner of Police or any police officer authorised by him in writing under his hand may remove anything which he is directed by subsection (4) to seize to such place or places within Brunei Darussalam as he may see fit and to keep the thing in such place or places so long as the order subsists.
(6)
No order under this section shall be made unless the proprietor or editor of the local newspaper in relation to which an application is made has been given an opportunity to show cause against the making of the order.