Human rights groups, lawyers and the press concerned over swift passing of Bill despite numerous objections raised.
Lawyers for Liberty executive director Eric Paulsen said it was regrettable that the Bill was passed without enough debate and deliberation, claiming that the lawmakers were rubber-stamping rather than carefully looking into the repercussions of the Bill, The Star reported.
“It is an extremely dangerous development and will seriously jeopardise the freedom of speech.
“Everyone is saying the same thing, that the law is disproportionate and that it is very open ended,” Paulsen was quoted saying.
He added that the definition of fake news is vague and the punishment is too high despite the two amendments to the Bill.
One of the amendments saw the reduction of the jail term from 10 years to six years.
“It is unclear to what extent a piece of fake news has to reach before it can be acted upon.
“It does not say ‘fake news that leads to public disorder’ or ‘threat to national security’, thus the authorities can act as long as they deem it is fake,” he was quoted saying.
Paulsen said that even the press is not exempted from the law and can easily be prosecuted for reporting any news that is considered to be “fake” by the authorities.
He also said the law was an exaggeration of the threat posed by fake news and could be used to clamp down on dissent and the Opposition.
Malaysian Bar Council president George Varughese said Bills should go through the select committee process in order for proper and considered laws to be enacted, The Star reported.
“It is shocking how important legislation with serious ramifications is being rushed through Parliament.
“This is especially so when there already are various laws to address fake news,” he said.
He added that the Anti-Fake News Bill could potentially be abused when implemented, as it could be used to suppress the freedom to express views.
Human Rights Commission of Malaysia (Suhakam) chairman Tan Sri Razali Ismail said it remains firmly against the Bill.
He said Suhakam’s stand that the Bill is against freedom of speech was in line with public views.
It was earlier reported that Razali said the implications of the proposed law could be enormous and “inspire an authoritarian form of government.”
He added that the law can be used to exert government control over the media.
UN Special Rapporteur of Freedom of Opinion and Expression David Kaye also raised concerns that the Bill was moved quickly and called on the Government to open the debate to greater public scrutiny before further action.
“The definitions are extremely vague, leaving excessive discretion for officials to define ‘fake news’. The penalties are harsh, seemingly disproportionate.
“Tabling to voting (so) quickly is, in my view, very problematic,” Kaye said on Twitter.
Meanwhile, media groups say reporters now have another criminal law hovering over them, further affecting press freedom, The Star report said.
Representing both the Institute of Journalists Malaysia (IOJ) and WAN-Ifra Media Freedom Committee (Malaysia), journalist Ram Anand expressed disappointment that the Bill was passed without further engagement with the media.
Media organisations were given only one briefing session after the Bill was tabled for first reading.
“We should be removing criminal laws that affect the media, not add more,” Ram was quoted saying.
He said the major threats journalists face under the new law, when certain stories are dragged through the courts include individuals who can make ex parte applications (urgent applications to a judge from one party) to remove news articles, and possibly having to forgo qualified privilege in quoting sources.
According to Ram, who is WAN-Ifra co-chairman, none of these concerns about the new Bill was allayed by the Government.
“Both IOJ and WAN-Ifra have repeatedly stressed that journalists should not be subjected to actions under criminal law due to unhappiness or disagreements over news articles.
“Individuals, governments and politicians can always write in to the organisation in the event of such disputes or take action via civil suits.
“Instead, we now have another criminal law that lingers over journalists. This will do very little to improve press freedom in the country,” he was quoted saying.
Earlier reports:
Apr 2, Anti-Fake News Bill Passed in Dewan Rakyat
Mar 30, Anti-Fake News Bill: Max Jail Time from 10 to 6 Years
Mar 29, Calls Not to Pass Anti-Fake News Law in Haste
Mar 27, Strong Reactions to Anti-Fake News Bill
Mar 26, Anti-Fake News Bill Tabled, Seeks High Punishment for Offenders