[1] A controversial amendment was made after Operation Lalang, where all printing presses were required to renew their licence annually through the Ministry of Home Affairs, seen as a move to curtail press freedom.The Act was subsequently amended in 2012 to remove the requirement for annual licence application and the government's 'absolute discretion' over permits, and reinstated judicial overview.
The Minister is given "absolute discretion" in the granting and revocation of licences, and can also restrict or ban outright publications that is likely to endanger national security interest or create social unrest.
Should one print, import, publish, sell, circulate or distribute — or even offer to do any of those things — a newspaper without a permit from the Minister, it will be deemed an offense punishable by up to three years in jail and/or a fine of up to RM20,000.
"[1] This criticism was intensified after a 1987 amendment to the Act established an ouster clause preventing actions of the Home Affairs Minister from being called into question by the courts.
[6] Despite this, High Court Justice Harun Hashim has asserted that the Home Affairs Minister's actions may be subjected to judicial review.
In Public Prosecutor v. Pung Chen Choon, it was argued that the restrictions placed by section 8(A)(1) of the Act on freedom of speech violated Article 10 of the Constitution.