Key Things to know about the Anti-Fake News Act 2018 in Malaysia

• It is an offence to “maliciously create, publish or disseminate any fake news or publication containing fake news”. Fake news is broadly defined as “any news or 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.” (Section 4 of the Act)

 

• It is an offence to “provide financial assistance for purposes of committing or facilitating the commission of a Section 4 Offence”.

 

• For both offences stated above, a person found guilty is liable to a fine of up to RM500,000 and/or imprisonment for a term of up to 6 years, and a further fine up to RM3,000 for every day the offence continues after conviction.

 

• If you find within your possession or control of any publication containing fake news and fail to immediately remove such publication after knowing that such publication contains fake news, you may be liable to a fine of up to RM100,000, and a further fine up to RM3,000 for every day the offence continues after conviction.

 

• The law covers digital publications and social media, and also applies to offenders outside Malaysia, including foreigners, if Malaysia or a Malaysian citizen are affected

 

• The Act allows any persons affected by a publication containing fake news the right to apply to court for an ex parte order to compel the removal of the offending publication. A person who fails to comply with any court order to remove the offending publication will be liable to a fine of up to RM100,000

Comments:

The Anti-Fake News Act 2018 was given the royal assent on 9th April 2018, and came into force on 11th April 2018. A Malaysian media company had recently filed a suit seeking to declare the Act unconstitutional, on the basis that it is aimed at curbing dissent and free speech in Malaysia. We will keep you updated about the judicial review outcome in future posts.