New law to curb 'Fake News' not needed, say legal experts

PETALING JAYA: The proposed move to curb fake news by way of a new law is not needed, say legal experts.
Constitutional expert Prof. Datuk Shad Saleem Faruqi said there are existing laws such as a provision in the Printing and Publication Act (PPA) "that criminalises false and malicious news".
"Our Parliament is not supreme. Any law restricting free speech must fit within the perimeters of Article 10 (2) which specifies eight permissible restrictions – public order, national security, incitement to an offence, friendly relations with other states, contempt of court, contempt of Parliament, defamation and morality.
"Fake news per se cannot be an offence unless it impinges on public order, national security, or any of the eight prohibited activities," he said.
Civil rights lawyer Andrew Khoo echoed this sentiment, saying "there are more than sufficient laws already in existence such as the Penal Code, PPA and the Communications and Multimedia Act which allows law enforcement agencies to curb the problem.
"The new laws would most likely give the police increased powers of pre-emptive action, including possibly search and seizure without a warrant, maybe even preventive detention can lead to a gross violation of human rights.
"There has to be a more mature understanding that freedom of expression will mean that some people may feel hurt or insulted by comments. But, this does not mean that the scope of expression has to be so tightly regulated that it leads to curtailment of the right," Khoo, the Bar Council Human Rights committee co-chairman added.
He also questioned who would define what constitutes as "fake news".
"The example from the US shows that 'fake news' can also come from within the government," he said.
Earlier, in Kuala Lumpur, Communications and Multimedia Minister Datuk Seri Dr Salleh Said Keruak said a special committee to study the law chaired by Minister in the Prime Minister's Department, Datuk Seri Azalina Othman would take into consideration the opinions of as many people as possible to ensure that the law to be passed by Parliament would receive agreement from everyone.
"Fake news is not only a matter of concern for those from the ruling party but also those from the opposition and members of the public. We should determine together that the fake news problem can be resolved," he said.
He was asked to comment on the claim by the opposition that there was a strong possibility that the authorities would apply the law as a weapon to abuse its political enemies.
Salleh explained that the new law was not aimed at controlling those who wished to criticise or give ideas against the government.
"But what happens, if we don't control fake news, it can affect racial and religious harmony in Malaysia, this is what we wish to emphasise," he said.
On Jan 30, Azalina had announced a special committee has been formed to look into laws to curb fake news that threatens political stability and public order.
"The government also hopes to introduce the new law to Parliament in the upcoming session," she reportedly said in a statement.