Anti-Fake News Bill passed

Posted on 2 April 2018 - 07:05pm

Last updated on 3 April 2018 - 10:08am
Karen Arukesamy
newsdesk@thesundaily.com
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KUALA LUMPUR: The Anti-Fake News Bill was passed in the Dewan Rakyat by a bloc votes of 123:64 today
amidst strong objections against it.
Minister in Prime Minister's Department Datuk Seri Azalina Othman Said said the Bill is not to restrict freedom of
speech but to restrict the dissemination of fake news.
Saying the Opposition's objection showed that they have intention to spread fake news, she added that only
those who spread fake news will fear this law.
The Bill brings a maximum RM500,000 fine or a maximum of six years imprisonment or both for anyone who
creates or maliciously publishes or spreads fake news. A 10-year jail term was initially proposed but it was later
amended to six years.
It will empower the government to bring to book any person regardless of nationality or citizenship, in any place
outside Malaysia, if the fake news concerns Malaysia or its citizen.
The Bill states that "fake news" 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 in any other form capable of suggesting words
or ideas.
"Any person who by any means, maliciously creates, offers, publishes, prints, distributes, circulates or
disseminates any fake news or publication containing fake news commits an offence and shall on conviction be
liable to a fine not exceeding RM500,000 or to imprisonment not exceeding six years or both.
"In case of a continuing offence, a further fine not exceeding RM3,000 for every day during which the offence
continues after conviction," the Bill stated.
The proposed law empowers the Sessions Court to order the convicted parties to make an apology in addition to
the specified penalties, to the person affected by the fake news, failing which shall be punishable as a contempt
of court.
Any parties affected by fake news may under Section 7 of the proposed law, apply ex parte to the Sessions Court
for an order for the removal of such a publication.
The application should include police report and supporting documents to show that a certain information or
publication is fake.
The Court if satisfied with the submissions, will make an order to the publisher to remove the article or publication
within a given time frame.
The proposed law also empowers the Court to serve the order by electronic means via email or social media
account of the person who published the said article.
Failing to comply the Court order to remove the said publication will be liable to a maximum fine of RM100,000
and a maximum of RM3,000 every day for continuing offence after conviction.
This provision on the the power of the Sessions Court to make an order to remove any publication containing
fake news serves as a measure to deal with the misuse of publication medium in particular the social media
platforms.
The Bill has illustrated eight examples of how and in what manner such offences may be committed.
A person is committing an offence if he offers a false information or fabricates an information, gives a public
speech containing false information or makes false claims about someone.
This also includes anyone who knowingly shares an article or information that is false or fabricated, on social
media.
However, if such information is offered to a publication or blogger, who doesn't know that the information is false
and publishes it, then only the source who provided the information is guilty of the offence whereas the person
who publishes the information is not guilty of the offence.
The Bill also illustrates that even if a person produces a caricature of someone in a positive manner yet with
untrue information, is committing an offence under the law.
Another example stated in the Bill is if someone creates a website impersonating a government's one and
provides some guidelines to apply for license when no such guidelines issued, is committing an offence.

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