Bid to axe fake news law rejected (Updated)

13 Sep 2018 / 09:53 H.

KUALA LUMPUR: The Dewan Negara sitting today rejected the Anti-Fake News (Abolition) Bill 2018.
This was announced by Senate President Tan Sri S. A. Vigneswaran, after the block voting saw 28 members of the Senate vote against it while 21 voted in support and three others abstained.
The motion for block voting was presented by Senator Khairul Azwan Harun as soon as Deputy Minister in the Prime Minister's Department Mohamed Hanipa Maidin concluded the winding up of the bill for second reading.
In line with Regulation 45 (4), Vigneswaran later ordered for the bell to be sounded for two minutes to enable the block voting process to be carried out.
The bill is to abolish the Anti-Fake News Act 2018 passed by the Dewan Rakyat on Aug 16 after the third reading.
Constitutional expert Emeritus Professor Datuk Dr Shad Saleem Faruqi told theSun the rejection of the bill meant it could not go through for a third reading, which was required for it to be passed before it could be consented by the Yang di-Pertuan Agong and gazetted into law.
The Universiti Malaya law lecturer said according to Article 68 (2) of the Federal Constitution, the bill would now be delayed for at least a year and required to be tabled again in the Dewan Rakyat for another round of debate.
"Because it's a non-money bill, the Dewan Rakyat must pass it again. Two requirements must be met now. First, it must be tabled and passed again in the lower house, and second, there must be a delay of one year before it can be passed again in the Dewan Negara.
"They (Dewan Rakyat) can initiate the tabling earlier, but the Senate can only pass the bill after one year from the date it was rejected. And should the Dewan Negara reject the bill for the second time, the bill shall still be presented to the Agong for his assent, regardless."
With the delay of the bill for at least a year, this means the Anti-Fake News Act remains a law, and can be used by the present Pakatan Harapan (PH) government.
Malaysian Senators Council president Datuk Seri Khairudin E. S. Abd Samad had, during his debate in the Upper House last month, warned that rejecting the bill could eventually backfire on Barisan Nasional as PH could use the Act against them.

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