Strengthen current laws to tackle fake news, say lawyers

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PETALING JAYA: The government should strengthen existing laws to combat fake news, instead of reviving the now-abolished anti-fake news act, say two lawyers.

“We can’t have a knee-jerk reaction. We can rely on current laws, especially in response to a crisis like this coronavirus crisis,” lawyer Muhammad Rafique Rashid Ali told FMT.

He said offenders can be charged under the Penal Code for publishing or circulating claims that could cause public alarm, or under the Communications and Multimedia Act for improper use of network facilities.

Another lawyer, Jeyaseelan Anthony, said Putrajaya could amend Section 505 of the Penal Code and add a provision specifically dealing with fake news.

If the anti-fake news act was revived, the law must not be abused by the authorities, he said. “The penalty should be proportionate to the offence committed. The intention must also be proved. The mere act of doing it should not be the only reason,” he told FMT.

Yesterday, Home Minister Muhyiddin Yassin said Putrajaya may rethink its stance on the anti-fake news act following inaccurate reports being spread over the novel coronavirus (2019-nCoV) outbreak.

Six people have been arrested so far in connection with spreading fake news on the virus outbreak, which has affected eight Chinese nationals in Malaysia.

The Anti-Fake News Act was introduced by the Barisan Nasional administration just before the 2018 general election.

Under the law, those found guilty of spreading what authorities consider to be “fake news” could face up to six years in jail and fines of up to RM500,000.

The act was repealed by Parliament last month. -FMT

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