Dewan Negara passes Anti-Fake News Bill

(The Edge) – The Anti-Fake News Bill 2018 is a step closer to becoming law after the Dewan Negara passed it today by a majority voice vote.

The bill, which was approved by the Dewan Rakyat yesterday, will now be forwarded to the Yang Di-Pertuan Agong for the royal assent, before being gazetted as law.

Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said said the government’s introduction of the bill just before the upcoming 14th general election (GE14) was purely coincidental.  

“Unfortunately, many camps have argued that they are related. This is freedom of expression, so we [the federal government] have no problem. [But] I would say it is coincidental,” she said in response to questions by senators on whether the tabling of the bill was related to GE14.

On the usage of the word “fake” instead of “false” in the bill, Azalina said it is because “fake” has a wider scope of usage, which is relevant in this age whereby information can be shared in numerous formats, including audio, graphic and text.

Azalina said the Anti-Fake News Bill underlines three criteria that constitute an offence, namely the definition of fake news, action of producing or sharing the fake news, and the presence of malicious intent when undertaking said action, Azalina said.

Offenders under the act could face jail terms of up to six years and a fine of up to RM500,000.

Azalina said the new law would allow immediate relief to those affected by fake news, as they can make an ex parte application for an interim order for the publication’s removal off media platforms.

On the other hand, the person affected by the order may also opt for a legal recourse within 14 days, to set aside the order.

However, the stay application is not applicable if the interim order was obtained by the government on the grounds of public safety or national security.

The anti-fake news legislation can be read independently or alongside existing laws such as the Printing Presses and Publications Act (PPPA), and Communications and Multimedia Act, Azalina explained.

“Unlike the PPPA, there is no licence required to create a fake account on a social media platform. The victim can resort to other laws such as the Defamation Act, but the news will still be on the [internet] super highway during the proceedings,” Azalina added.

Earlier, PKR senator Siti Aishah Shaik Ismail questioned whether Prime Minister Datuk Seri Najib Razak can be charged under the Anti-Fake News Act for telling the people of Kedah on March 26 that they will no longer enjoy the benefits provided by the federal government, if the opposition takes power.

Aishah also asked if the committee responsible to draft the bill had engaged stakeholders, apart from social media platform operators that are more likely to be affected by the law.

“If a clause can be included which says the act would be enforced on anyone in society and all politicians without considering their political background, then this bill will have my support,” she said.

Other senators concurred on concerns of selective enforcement, including Yang Di-Pertuan Agong-appointed senator Bathmavathi Krishnan.

Other opposition-appointed senators such PKR’s Mohd Nor Monutty and DAP’s Chandra Mohan Thambirajah pointed to the government’s failure to give adequate time for the bill to be tabled and discussed in Parliament.