Kuala Lumpur, 27 March 2018 – The Institute for Democracy and Economic Affairs (IDEAS) has expressed strong reservations on the recently tabled Anti-Fake News Bill 2018, suggesting that while the government’s stated intention is to safeguard the public against the spread of fake news, it may lead to stifling of freedom of the press, speech and expression.

Aira Azhari, Coordinator of the Democracy and Governance Unit cautions that this will be seen as an attempt to curtail the rakyat’s civil and political freedoms especially in the wake of GE 14. “This should be the time for ideas and opinions to flourish, regardless of what that idea or opinion is.” Aira maintains.

The Freedom of the World 2018 Index, published by Freedom House saw Malaysia scoring 45 out of 100, with a status of “Partly Free.” Our press freedom was classified as “Not Free”, and net freedom as “Partly Free.” The passing of this law could result in Malaysia sliding further down this Index, IDEAS fears.

In addition, Malaysia already has enough laws and regulations to deal with instances of “fake news”, for example the Malaysia Communications and Multimedia Act 1998, the Sedition Act 1948 and the Printing Presses and Publications Act 1984. Laws against defamation, both civil and criminal also exist. “These existing laws already grant wide-ranging powers to the government as it is, which further proves that an Anti-Fake News Act is not necessary,” Aira says.

The haste with which this Bill is being pushed through Parliament signifies that Members of Parliament will not have sufficient time to scrutinise the contents in great detail, which undermines the parliamentary process.

One of the most worrying aspects of the proposed law is the definition of what constitutes “fake news”, which includes, among other things, private text messages between individuals that contain inaccurate information. Furthermore, the law also applies to Malaysians if they commit the offence outside Malaysia, as well as to foreigners who commit the same offence and the news involves Malaysia or affects a Malaysian.

“I am gravely concerned about the extremely far reaching nature of this proposed law, it not only infringes people’s rights to speech and privacy, but it transcends boundaries as well. I strongly urge the rakyat to realise and understand their democratic rights as guaranteed in the Federal Constitution. The civil society must also play our role in raising the public’s awareness on the importance of civil and political rights in a well-functioning democracy. Malaysia must not descend further into an Orwellian state”, said Aira.