Media, rights groups fear new law may be abused
KUALA LUMPUR: Media and legal rights groups are concerned that the new law on fake news, which came into effect yesterday, may be abused by the authorities.
They fear that it could be used as a tool to silence, pressure or bully parties with opposing views.
Institute for Democracy and Economic Affairs (IDEAS) said the law was a step backwards in Malaysia’s democratic status.
Its chief executive officer Tricia Yeoh said IDEAS was particularly concerned over the wide definition of “fake news”, which covers not only news related to Covid-19, but also on the proclamation of Emergency by the Yang di-Pertuan Agong.
“The scale of the punishment of up to RM100,000 for those who create, publish or distribute fake news, or a jail term of up to three years or both, are unnecessarily severe.
“It should be acknowledged that many have provided constructive criticism precisely because they are concerned about the state of the nation and genuinely want improvements.”
Yeoh added that one of the basic tenets of a functioning democracy was the freedom that citizens have to speak up on any matter, especially the ability to call out wrongdoings and keep the government accountable.
Gerakan Media Merdeka (Geramm) said its concerns were based on the fact that the new restrictions were not drafted by lawmakers through a parliamentary sitting.
“There is no clear definition of ‘fake news’ — we are concerned over possible abuse that may arise as a consequence,” said the group.
The law, which had been updated on the Federal Gazette, stipulated that creators and publishers of “fake news” on Covid-19 or the Emergency could be fined up to RM100,000 and jailed for a maximum of three years.
“The situation also poses an added difficulty for media to carry out their role as checks and balances, if the law is abused to protect certain parties,” it added.
Geramm said media personnel had been consistently implementing fact-checks, particularly during the pandemic, when confusion arose from the sharing of inaccurate information.
Centre for Independent Journalism (CIJ) executive director Wathshlah G. Naidu, who described the new law as “appalling”, also said “fake news” was not clearly defined, opening possibilities of abuse through arbitrary arrests, investigations and punitive actions being taken against the alleged offender.
“We anticipate further surveillance and invasions of privacy, arbitrary censorship of critical and dissenting media reports, and attacks on media freedom.
“The arbitrary use of this ordinance goes against the fundamental norms of freedom of expression and speech as enshrined in our Federal Constitution and international standards, which stipulate that the public has the right to know, seek and receive, as well as to impart ideas and information of all kinds.”
Lawyers for Liberty coordinator Zaid Malek said the law would have adverse effects on democracy in the country.
“It disregards the right to privacy by allowing enforcement authorities to search any electronic device they deem ‘necessary’ to complete their investigation. It will create a climate of fear.”
He said there were other laws that had sufficiently criminalised offensive speech, such as the Penal Code and the Communications and Multimedia Act.
“Though the scope of this ordinance is limited to ‘fake news' relating to Covid-19 and the Emergency proclamations, this does not diminish the adverse impact it will have on our democratic system,” he added.