‘ No necessity for anti-fake news law’
> Expert: Move may raise concerns on rights violations over detention without warrant
PETALING JAYA: A proposed move to curb fake news by way of a new law is not needed, say legal experts.
Constitutional expert Prof Datuk Shad Saleem Faruqi said there are existing laws such as the Printing and Publication Act (PPA) “that criminalises false and malicious news”.
“Our Parliament is not supreme. Any law restricting free speech must fit within the parameters of Article 10 (2), which specifies eight permissible restrictions – public order, national security, incitement to an offence, friendly relations with other states, contempt of court, contempt of Parliament, defamation and morality.
“Fake news per se cannot be an offence unless it impinges on public order, national security, or any of the eight prohibited activities,” he said.
Civil rights lawyer Andrew Khoo echoed this sentiment, saying “there are more than sufficient laws already in existence such as the Penal Code, PPA and the Communications and Multimedia Act, that allows law enforcement agencies to curb the problem.
“The new laws would most likely give the police increased powers of preemptive action, including possible search and seizure without a warrant, maybe even preventive detention, leading to violations of human rights.
“There has to be a more mature understanding that freedom of expression will mean that some people may feel hurt or insulted by comments. But this does not mean the scope of expression has to be so tightly regulated that it leads to curtailment of rights,” the Bar Council Human Rights committee co-chairman added.
He also raised the question of who would define what constitutes “fake news”.
Earlier, Communications and Multimedia Minister Datuk Seri Salleh Said Keruak said a special committee to study the law chaired by Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said would take into consideration the opinions of as many parties as possible to ensure the law to be passed by Parliament would be accepted.
“Fake news is not only a matter of concern for those from the ruling party but also those from the Opposition and members of the public. We should (work) together so that the fake news problem can be resolved,” he said at the National Aspiration Leadership Summit in Kuala Lumpur.
On claims that the law may be used against the Opposition, Salleh said it was not aimed at silencing those who criticise the government.
“If we don’t control fake news, it can affect racial and religious harmony.”
On Jan 30, Azalina announced a special committee had been formed to look into laws to curb fake news that threaten political stability and public order.
“The government hopes to introduce the new law in the upcoming Parliament session,” she reportedly said.