Controversial bill gets nod
> It’s not aimed at restricting free speech: Azalina
KUALA LUMPUR: The Anti-Fake News Bill was passed in the Dewan Rakyat by a bloc vote of 123-64 yesterday amid strong objections.
Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said said the Act is not to restrict freedom of speech but to restrict the dissemination of fake news.
Saying the Opposition’s objection showed they have intent to spread fake news, she added that only those who spread fake news will fear the bill.
Azalina said offences under the bill are determined by the courts and not the government, adding that there was no question of selective prosecution as any conviction would depend on evidence based on a complete investigation, and an individual would only be found guilty if determined by the court.
She said the bill would protect the public from the spread of false news dissemination and at the same time, ensures freedom of speech and expression under the Federal Constitution.
“Several countries like Germany, Singapore, France, Czech Republic and the European Union have all taken steps to curb the spread of fake news.”
Azalina said existing laws are not able to address the problem effectively due to wide and complex technological development.
The bill carries 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 reduced.
In a continuing offence, a further fine not exceeding RM3,000 may be imposed for every day the offence continues after conviction.
The bill empowers courts to order convicted parties to make an apology in addition to the specified penalties, to the person affected by the fake news, failing which the convicted party shall be punishable for contempt of court. Any parties affected by fake news may, under Section 7, apply ex parte to a sessions court for an order to be made for the removal of such a publication.
The application should include a police report and supporting documents to show fake content.
The bill also empowers the courts to serve an order by electronic means to the person who published the article concerned.
Failure to comply with the court order will be punishable with a maximum fine of RM100,000, and a maximum fine of RM3,000 for each day the offence continues after conviction.
The bill has illustrated eight examples of how and in what manner such offences may be committed.
A person is deemed to have committed an offence if he offers false information or fabricates information, gives a public speech containing false information or makes false claims about another person or party.
Anyone who knowingly shares an article or information that is false or fabricated on social media is also deemed to have committed an offence.
However, if such information is offered to a publication or blogger who is unaware that the information is false and publishes it, then only the source who provided the information is deemed to have committed an offence.
The bill also provides that a person who produces a caricature that presents false information shall be deemed to have committed an offence.
It shall also be an offence for anyone to create a website that resembles one administered by a government agency, to provide guidelines for application of permits or licences, when no such guidelines exist.