JUDGMENT
[1] On 25 September 2023:
(1) my learned sister, Azizah Haji Nawawi JCA, and I (Majority Coram) had allowed this appeal with costs (Majority Decision); and
(2) my learned brother, Gunalan a/l Muniandy JCA, had given a dissenting opinion.
[2] This judgment (Majority Judgment) provides the reasons for the Majority Decision and a draft of the Majority Judgment has been given to Gunalan a/l Muniandy JCA.
B. Background
[3] The first respondent (1st Respondent) is the sole proprietor of a business named "Gerakbudaya Enterprise" which publishes and distributes books.
[4] The second respondent (2nd Respondent) wrote a book entitled "Gay is OK! A Christian Perspective" (Book) which was published and distributed by the 1st Respondent in September 2013.
[5] The first part of the Book consisted of a compilation of articles written by the 2nd Respondent which had been published in "Malaysiakini" from September 2010 to April 2011.
[6] On 18 February 2020:
(1) an Assistant Enforcement Officer from the Regulatory and Enforcement Division (Enforcement Division) of the Ministry of Home Affairs (MHA), conducted a random inspection of books which were displayed for sale in the 1st Respondent's bookstore in no 2, Jalan Bukit 11/2, 46200 Petaling Jaya, Selangor Darul Ehsan; and
(2) the MHA officer bought the Book from the 1st Respondent for a review and examination by MHA under the Printing Presses and Publications Act 1984 (PPPA).
[7] With regard to the Book:
(1) the Book was first reviewed and examined by the Enforcement Division;
(2) the Enforcement Division then submitted the Book to the first appellant, Minister of Home Affairs (1st Appellant);
(3) the 1st Appellant had reviewed the contents of the Book and was satisfied that the Book had contained matters which were likely to be prejudicial to: