Newspapers Act · 2013 Revised Edition
3D. Funds from foreign source for purposes of newspaper other than commercial purposes prohibited
Official textFrom Attorney General's Chambers, unchanged
Subject to this section, no person shall, on or after the grant or renewal of a permit under section 3, receive on behalf or for the purposes of any newspaper any funds from a foreign source without the prior approval of the Minister.
newspaper
“newspaper” means any publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments, in relation to such news, intelligence or occurrences, or to any other matter of public interest, or any magazine, comic or other form of periodical, printed for sale or free distribution at regular or irregular intervals and includes a supplement thereto but does not include any publication issued by or under the authority of the Government or of any public body;
The Minister may grant such approval if he is satisfied, on such information as he may require to be furnished to him, that the funds from a foreign source are intended for bona fide commercial purposes.
Notwithstanding subsection (1), where any funds from a foreign source are sent to any person without his prior knowledge, consent or solicitation and the funds are intended for or given by the donor for the purposes of the newspaper, that person shall, within 3 days of the receipt thereof, report the circumstances and particulars of the receipt of the funds and the purposes for which the funds were received to the Minister.
Where funds from a foreign source have been received by any person for the purposes of the newspaper under subsection (3) and the
Minister refuses his approval for the retention of those funds, that person shall, within such time as is specified by the Minister, return them to the sender thereof or, if the sender cannot be traced, the funds shall be donated to any charity specified by the Minister.
Any person who contravenes or fails to comply with subsection (1), (3) or (4) is guilty of an offence and liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 3 years or both and the Court may, in addition to any other penalty that it may impose, order the forfeiture to the Government of any funds which are the subject of the charge.
(a)
Any journalist who, having received any funds from a foreign source for printing or publishing any news item or article or for adopting a particular line or bias in respect of any news item or article, fails to report in writing within 7 days to the managing director of his newspaper
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company the receipt of those funds is guilty of an offence and liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 3 years or both.
Any funds received from outside Brunei Darussalam by a journalist shall be presumed to be from a foreign source unless proved to the contrary.
Nothing in this section shall apply to any dealing by any person in the shares of a newspaper company quoted on a stock exchange in Brunei
Darussalam.
For the purposes of this section —
“foreign source” includes —
the government of a country outside Brunei Darussalam or the agent of any such government, whether resident in Brunei
Darussalam or otherwise;
any company, association or society incorporated or constituted under any law in force outside Brunei Darussalam whether or not it has a branch office or place of business in Brunei
Darussalam;
any person who is not a citizen of Brunei Darussalam whether or not he is resident in Brunei Darussalam; or
such other source outside Brunei Darussalam as the
Minister may, by notification published in the Gazette, declare to be a foreign source for the purposes of this section;
“funds” means money, securities, movable or immovable property or other valuable consideration.
Terms defined in s 2
newspaper
Defined · s 2“newspaper” means any publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments, in relation to such news, intelligence or occurrences, or to any other matter of public interest, or any magazine, comic or other form of periodical, printed for sale or free distribution at regular or irregular intervals and includes a supplement thereto but does not include any publication issued by or under the authority of the Government or of any public body;