DAP man appeals to all Sarawak MPs to oppose anti-fake news bill
KUCHING: All members of Parliament ( MPs), especially those from Sarawak, regardless of political divide, should strongly object to the proposed Anti-Fake News Bill 2018 that was tabled in the Parliament yesterday for the first reading, said Bandar Kuching MP’s special assistant Dr Kelvin Yii.
Dr Yii said the MPs should oppose the Bill to “protect our rights as well as freedom of speech and expression that is guaranteed under the Federal Constitution, besides the rights intended by our forefathers in Sarawak”.
‘Fake news’, as defined in the Bill, 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’.
According to the Bill, individuals convicted under the Act can be fined up to RM500,000 or sentenced to a jail term of up to 10 years or both. For subsequent offences, the offender can be fined up to RM3,000 per day for the duration of the offence after conviction.
In addition to these penalties, the court can also order an offender to make an open apology to the affected party or parties in a court of law or in the media. The Bill also provides for legal action against individuals who provide financial aid to those who produce and disseminate fake news. If convicted, the funder can also be fined up to RM500,000 or sentenced to a jail term of up to 10 years or both.
The Bill also allows the court to order the offending party or parties to destroy the publications containing the fake news, and those who decline to do so can be fined up to RM100,000 as well as fined RM3,000 for every day of the duration of the offence following the conviction.
In citing the Sarawak 18-point agreement that was based on the Nine Cardinal Principles of the rule of the English Rajah, Dr Yii said it was clearly stated that the right of ‘ freedom of expression both in speech and in writing shall be permitted and encouraged and that everyone shall be entitled to worship as he pleases’.
“This was the clear intention of our forefathers and such rights should be heavily protected,” he said in a press statement yesterday.
Dr Yii added: “The Anti-Fake News law is clearly a regressive law which seeks to regress Malaysia into an age of democratic narrowness and information darkness just so that they can determine what is truth based on political gains or personal interest. Their aim is also to instil fear into the people not to question the powers that be.
“While we are for the fight against fake news, we are against any legislation created purely to be used by the ruling government to control the dissemination of news especially those that make them uncomfortable or threaten their position in a democratic society. There are already relevant laws including laws on defamation and the Multimedia Act that is adequate to deal with the spread of fake news.”
Dr Yii pointed to Deputy Communications and Multimedia Minister Datuk Jailani Johari’s statement that “any information related to 1Malaysia Development Bhd (1MDB) that has not been verified by the government is considered fake news” as an example of the danger this legislation poses to the people.
“This clearly shows the one that determines the truth of a statement or news is the government and they have arbitrary powers to determine what is truth and what is not truth. This is clearly against the spirit of the freedom of speech and the rights of independent media.
“What if, when Barisan Nasional gains strong representation through the gerrymandering and other electoral fraud in the upcoming election, and decides that our fight for greater rights under Malaysia Agreement 1963 ( MA63) is against their interpretation and interest? They can slap a fine of up to RM500,000 or 10 years of jail or both to us Sarawakians just for speaking up against injustice and oppression.
“What if there is corruption and abuse of power within the government in Sarawak and any whistle- blower or member of the public that speaks about it gets arrested and thrown into jail even though matters raised are of public interest and public importance?”
Dr Yii said if indeed the Sarawak MPs agreed to the passing of such legislation, they are downright responsible and accomplice to “the erosion of our rights that are not just enshrined by the Federal Constitution, but also in the intentions of our founding forefathers”.