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[F.A.Q.]
Solomon Islands Consolidated Legislation |
LAWS OF SOLOMON ISLANDS
[1996 EDITION]
CHAPTER 32
SEDITION
ARRANGEMENT OF SECTIONS
SECTION
1. SHORT TITLE
2. INTERPRETATION
3. SEDITIOUS INTENTION
4. OFFENCES
5. LEGAL PROCEEDINGS
6. SUSPENSION OF NEWSPAPER CONTAINING SEDITIOUS MATTER
7. POWER OF COURT TO PROHIBIT CIRCULATION OF SEDITIOUS PUBLICATIONS
8. POWER TO PROHIBIT IMPORT OF PUBLICATION
9. OFFENCES
10. DELIVERY OF PROHIBITED PUBLICATION TO POLICE STATION
11. POWER TO EXAMINE PACKAGES
12. SAVING OF OTHER POWER
-------------------------------------------
CHAPTER
32
SEDITION
AN ACT TO PROVIDE FOR
THE PUNISHMENT OF SEDITIOUS ACTS AND SEDITIOUS LIBEL AND TO CONTROL SEDITIOUS
PUBLICATIONS AND THE IMPORTATION
OF PUBLICATIONS CONTRARY TO THE PUBLIC
INTEREST
[11th March 1940.]
2
of 1940
6 of
1953
15 of
1960
4 of
1968
LN 46A of
1978
LN 88 of 1978
Short title
1.
This Act may be cited as the Sedition
Act.
Interpretation
6
of 1953, Sched
15 of 1960, s.
2
LN 46A of 1973
2.
In this Act unless the context otherwise requires—
"import" includes—
(a) to bring into Solomon Islands; and
(b) to bring within the inland waters of Solomon Islands whether or not the publication is brought ashore, and whether or not there is an intention to bring the same ashore;
"newspaper" means a periodical publication containing any public news or comments thereon or any discussion of political matters;
"periodical publication" includes every publication issued periodically, or in parts or numbers at intervals, whether regular or irregular;
"publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation or any recording of the human voice or of instrumental music or of sounds or any cinematographic film or anything which by its form, shape or in any manner is capable of suggesting words or ideas, and every copy and reproduction of any publication;
"seditious publication" means a publication having a seditious intention;
"seditious words" means words having a seditious intention.
Seditious
intention
LN 46A of
1978
3.—(1) A "seditious intention" is an
intention—
(i) to bring into hatred or contempt or to excite disaffection against the person of Her Majesty, Her heirs or successors, or the Government of Solomon Islands as by law established; or
(ii) to excite Her Majesty's subjects or inhabitants of Solomon Islands to attempt to procure the alteration, otherwise than by lawful means, of any matter in Solomon Islands as by law established; or
(iii) to bring into hatred or contempt or to excite disaffection against the administration of justice in Solomon Islands; or
(iv) to raise discontent or disaffection amongst Her Majesty's subjects or inhabitants of Solomon Islands; or
(v) to promote feelings of ill-will and hostility between different classes of the population of Solomon Islands,
But an act,
speech or publication is not seditious by reason only that it
intends—
(a) to show that Her Majesty has been misled or mistaken in any of her measures; or
(b) to point out errors or defects in the government or constitution of Solomon Islands as by law established or in legislation or in the administration of justice with a view to the remedying of such errors or defects; or
(c) to persuade Her Majesty's subjects or inhabitants or Solomon Islands to attempt to procure by lawful means the alteration of any matter in Solomon Islands as by law established; or
(d) to point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and enmity between different classes of the population of Solomon Islands.
(2) In determining whether the
intention with which any act was done, any words were spoken, or any document
was published, was or
was not seditious, every person shall be deemed to intend
the consequences which would naturally follow from his conduct at the time
and
under the circumstances in which he so conducted
himself.
Offences
4.—(1)
Any person who—
(a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a seditious intention;
(b) utters any seditious words;
(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication;
(d) imports any seditious publication, unless he has no reason to believe that it is seditious;
shall be guilty of an offence and
liable for a first offence to imprisonment for two years or to a fine of two
hundred dollars or
to both such imprisonment and fine, and for a subsequent
offence to imprisonment for three years; and any seditious publication shall
be
forfeited to Her Majesty.
(2) Any person who without lawful excuse has in
his possession any seditious publication shall be guilty of an offence and
liable
for a first offence to imprisonment for one year or to a fine of one
hundred dollars or to both such imprisonment and fine, and for
a subsequent
offence to imprisonment for two years; and such publication shall be forfeited
to Her Majesty.
Legal
proceedings
6 of 1953,
Sched
LN 46A of
1978
5.—(1) No prosecution for an offence under section 4
shall be begun except within six months after the offence is
committed.
(2) A person shall not be prosecuted for an offence under
section 4 without the written consent of the Director of Public
Prosecutions.
(3) No person shall be convicted of an offence under
section 4 on the uncorroborated testimony of one
witness.
Suspension of newspaper
containing seditious matter
6.—(1) Whenever any person is
convicted of publishing in any newspaper matter having a seditious intention the
Court may, if
it thinks fit, either in lieu of or in addition to any other
punishment, make orders as to all or any of the following matters, that
is to
say—
(a) prohibiting, either absolutely or except on conditions to be specified in the order, for any period not exceeding one year from the date of the order, the future publication of that newspaper;
(b) prohibiting, either absolutely or except on conditions to be specified in the order, for the period aforesaid, the publisher, proprietor, or editor of that newspaper from publishing, editing, or writing for any newspaper, or from assisting, whether with money or money's worth, material, personal service, or otherwise, in the publication, editing, or production of any newspaper; and
(c) that for the period aforesaid any printing press used in the production of the newspaper be used only on conditions to be specified in the order, or that it be seized by the Police and detained by them for the period aforesaid.
(2)
Any person who contravenes an order made under this section shall be guilty of
an offence and shall be liable on summary conviction
to imprisonment for six
months or to a fine of fifty dollars or to both such imprisonment and
fine.
(3) Nothing in this Act shall affect the power of the Court to
punish any person contravening an order made under this section for
contempt of
Court:
Provided that no person shall be punished twice for the same
offence.
Power of court to prohibit
circulation of seditious
publications
LN 88 of
1978
7.—(1) Whenever on the application of the Commissioner
of Police it is shown to the satisfaction of the Court that the issue
or
circulation of a seditious publication is, or if commenced, or continued would
be, likely to lead to unlawful violence, or appears
to have the object of
promoting feelings of hostility between different classes or races of the
community, the Court shall make an
order (in this section called a "prohibition
order") prohibiting the issuing and circulation of that publication (in this
section
called a "prohibited publication") and requiring every person having any
copy of the prohibited publication in his possession, power,
or control
forthwith to deliver every such copy into the custody of the Police.
(2)
An order under this section may be made ex parte on the application of the
Commissioner of Police in Chambers.
(3) It shall be sufficient if the
order so describes the prohibited publication that it can be identified by a
reasonable person who
compares the prohibited publication with the description
in the prohibition order.
(4) Every person on whom a copy of a
prohibition order is served by any member of the Police Force shall forthwith
deliver to that
member every prohibited publication in his possession, power, or
control, and if he fails to do so he shall be guilty of an offence
and shall be
liable to imprisonment for one year or to a fine of one hundred dollars or to
both such imprisonment and fine.
(5) Every person to whose knowledge it
shall come that a prohibited publications is in his possession, power, or
control shall forthwith
deliver every such publication into the custody of the
Police.
(6) The Court may, if it thinks fit, either before or after or
without service of a prohibition order on any person, issue a warrant
authorising any police officer of or above the rank of Inspector and his
assistants to break, enter, and search, either by day or
night, any building or
place specified in the order, and any enclosure, room, box, receptacle, or thing
in such building or place,
and to seize and carry away every prohibited
publication there found, and to use such force as may be necessary for the
purpose.
4 of 1968, Sched
(7) A copy of the prohibition order and of the search
warrant shall be left in a conspicuous position at every building or place so
entered.
(8) The owner of any prohibited publication delivered or seized
under this section may, at any time within fourteen days after the
delivery or
seizure, petition the Court for the discharge of the prohibition order and the
Court, if, on the hearing of the petition,
it decides that the prohibition order
ought not to have been made, shall discharge the order and shall order the
prohibited publication
delivered by or seized from the petitioner to be returned
to him.
(9) Every prohibited publication delivered or seized under this
section with respect to which a petition is not filed within the time
aforesaid
or which is not ordered to be returned to the owner shall be deemed to be
forfeited to Her Majesty.
Power to
prohibit importation of
publication
4 of 1968,
Sched.
LN 46A of
1978
8. If the Prime Minister is of opinion that the importation
of any publication would be contrary to the public interest he may, in
his
absolute discretion, by order prohibit the importation of such publication, and
in the case of a periodical publication may,
by the same or subsequent order,
prohibit the importation of any past or future issue
thereof.
Offences
9.—(1)
Any person who imports, publishes, sells, offers for sale, distributes, or
reproduces any publication, the importation
of which has been prohibited under
section 8, or any extract therefrom, shall be guilty of an offence and liable
for a first offence
to imprisonment for two years or to a fine of two hundred
dollars or to both such imprisonment and fine, and for a subsequent offence
to
imprisonment for three years; and such publication or extract therefrom shall be
forfeited to Her Majesty.
(2) Any person who without lawful excuse has in
his possession any publication the importation of which has been prohibited
under
section 8, or any extract therefrom, shall be guilty of an offence and
liable for a first offence to imprisonment for one year or
to a fine of one
hundred dollars or to both such imprisonment and fine and for a subsequent
offence to imprisonment for two years;
and such publication or extract therefrom
shall be forfeited to Her
Majesty.
Delivery of prohibited
publication to police station
4 of
1968, Sched
10.—(1) Any person to whom any publication the
importation of which has been prohibited under section 8, or any extract
therefrom,
is sent without his knowledge or privity or in response to a request
made before the prohibition of the importation of such publication
came into
effect, or who has such a publication or extract therefrom in his possession at
the time when the prohibition of its importation
comes into effect, shall
forthwith if or as soon as the nature of its contents have become known to him,
or, in the case of such
publication or extract therefrom coming into the
possession of such person before an order prohibiting its importation has been
made,
forthwith upon the coming into effect of an order prohibiting the
importation of such publication, deliver such publication or extract
therefrom
to the officer in charge of the nearest police station, and in default thereof
shall be guilty of an offence and liable
to imprisonment for one year or to a
fine of one hundred dollars or to both such imprisonment and fine; and such
publication or extract
therefrom shall be forfeited to Her Majesty.
(2) A
person who complies with the provisions of subsection (1) of this section or is
convicted of an offence under that subsection
shall not be liable to be
convicted for having imported or having in his possession the same publication
or extract therefrom.
Power to examine
packages
LN 46A of
1978
LN 88 of
1978
11.—(1) Any of the following officers, that is to
say—
(a) the Comptroller of Customs and Excise, the Commissioner of Police, the Comptroller of Posts and Telecommunications, or any officer authorised in that behalf in writing by any one of them; or
(b) any other officer authorised in that behalf by the Prime Minister,
may detain,
open and examine any package or article which he suspects to contain any
publication or extract therefrom which it is
an offence under the provisions of
section 9 to import, publish, sell, offer for sale, distribute, reproduce, or
possess, and during
such examination may detain any person importing,
distributing, or posting such package or article or in whose possession such
package
or article is found.
(2) If any such publication or extract
therefrom is found in such package or article the whole package or article may
be impounded
and retained by the officer and the person importing, distributing,
or posting it, or in whose possession it is found, may forthwith
be arrested and
proceeded against for the commission of an offence under section 9 or section 10
as the case may be.
Saving of other
power
12. Nothing under this Act shall prevent a prosecution under
the Common Law or under any Imperial Act or any other Act:
Provided that
no person shall be punished twice for the same offence.
--------------------------------------
(No Subsidiary Legislation)
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