It may be old news for those who are in the industry, but if you are not one of those who keep a close eye on the legal industry, this article may help to keep you informed. The Anti Fake News Act 2018 has been officially abolished on 31 January 2020 with the enactment of the Anti Fake News (Repeal) Act 2020 coming into force. On 11 April 2018 the parliament of Malaysia has passed a controversial bill limiting any person to distributes, circulates, or disseminates any fake news or publication containing fake news. "Fake news" was described in the act to includes any news, information, data, and reports, which is or are wholly or partly false, whether in the form of features, visuals, or audio recordings or in any other form capable of suggesting words or ideas.
The act attracts criticism from the general public including the Malaysia Bar Council itself. Many are in the opinion that the definition of "fake news" is too broad and once you are caught by it you will be liable to a fine not exceeding five hundred thousand or to imprisonment for a term not exceeding six years or to both. I have summarized some of the critiques circulate on the internet in the non-exhaustive list below:
The act is a threat to Freedom of Expression;
Its main purpose is to suppress criticism that is targeting the former government;
Its definition of "fake news" is too ambiguous;
It does not comply with the Human Rights Law;
Its abetment clause place social media and search engine in a dangerous situation;
It rushes through parliament without proper public consultation, the bill was brought to the parliament on 03 April 2018 and passed on 11 April 2018; and
The act was passed just before the general election set on 09 May 2018.
After the general election, there is a repeal bill being brought before the parliament in August 2018 but was rejected in Sept 2018 by the upper house. The good thing is, under our Federal Constitution, if the lower house passed the bill again 1 year after the rejection date from the upper house, it can bypass the upper house and send for royal assent. After the one-year colling period, on the 9 of October 2019, the repealed bill was tabled again and subsequently passed by the House of Representatives. Unlike the first time, the Senate passes the bill this round and sent it for royal assent.
Notwithstanding the Repeal Act, offenses related to fake news can still be dealt with under existing law in the Penal Code. Such as criminal defamation which can held the offender to imprisonment for up to 2 years and also intention to provoke breach of peace which also can held the offender to imprisonment for up to 2 years.
Just one day after I posted this article online, completely out of the blue, when I was browsing the news online, I noted that the heated debate of the fake news act has been revived by the EMERGENCY (ESSENTIAL POWERS) (NO. 2) ORDINANCE 2021 that came into force on today (12/03/2021). The new ordinance contains similar provisions that resemblance to the Anti Fake News Act 2018. What is different is to be caught under the ordinance the fake news has to be relating to COVID-19 or the proclamation of emergency. The ordinance penalizes those who create, publish or distribute fake news relating to the matter abovementioned with a fine not exceeding a hundred thousand or imprisonment up to 3 years or both. The new law also stated if the offender fails to apologize after being ordered by the court, they can be fined an additional RM50,000, and those who pay to “create” such news can be fined up to RM500,000.
Again, after the ordinance gazetted today, it immediately attracts criticism from the general public. The Bar Council President Salim Bashir describes the power under the ordinance as disturbing. A full analysis from him can be found on the link below: https://www.freemalaysiatoday.com/category/nation/2021/03/11/bar-council-president-says-new-fake-news-laws-disturbing/
I am not a big fan of fake news and one of the victims under it, but I do agree that the definition of fake news should not extend to caught opinions and critiques based on real facts, suppressing constructive opinions from every corner, and holding ourselves to a bunch of 'Yes men' will only restrain us from further advancement. What are your thoughts?
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