In recent years, accusations of spreading fake news have been commonplace between rival political groups across the world. But in Malaysia, this accusation has taken an ominous turn.
On 2 April, the Malaysian Lower House of Parliament passed the Anti-Fake News Bill. It defines fake news as ‘news, information, data and reports which is or are wholly or partly false.’ An offender is anyone who ‘knowingly creates, offers, publishes, prints, distributes, circulates or disseminates any fake news or publication containing fake news.’
The Bill prescribes fines of up to RM500,000 (£92,000) and up to six years in jail. Furthermore, the Bill has an extra-territorial dimension, as it can be applied to both Malaysians and non-Malaysians outside the country if the fake news ‘concerns Malaysia or … a Malaysian citizen.’
Underlying motives?
The Bill was proposed by the Government of Prime Minister Najib Razak, whose reputation has been put into question in recent years by accusations of misappropriating millions of pounds from 1MDB, Malaysia’s state development fund.
A link between the new Bill and the 1MDB corruption scandal has been drawn by many observers, suspicious that the new Bill is designed to minimise criticism of the Government over 1MDB. ’
Support for the new Bill has come primarily from Government sources and advocates, though Members of Parliament from the fundamentalist Islamic Party of Malaysia (PAS) also voted for the Bill. Datuk Seri Azalina Othman Said, a minister in the Prime Minister’s Department, declared that ‘this law is not intended to restrict the freedom of speech, but to restrict the dissemination of fake news, as clearly mentioned in the explanatory statement of the Bill.’
Voices of concern
Many Malaysian groups from across the social and religious spectrum remain unconvinced. The group Lawyers for Liberty declared in a press statement that the Bill ‘will become yet another sledgehammer in the Government’s arsenal with which to attack the opposition and dissidents, or anybody that refutes the Government’s version of the truth.’
George Varughese, President of the Malaysian Bar Council, said that ‘the wording of the provisions is sufficiently wide for an action to be brought challenging “correct”or “incorrect” views on, for example, economy, history, politics, science and religion.’
Church worries
This issue has raised serious concerns in Malaysia’s churches. Barely a month before the Bill was tabled in Parliament, Christians were accused of spreading fake news by Federal Territories Minister, Tengku Adnan Tengku Mansor. In a public speech on 3 February, he said: ‘I also want to beg my Christian friends, whatever you want to do in the church, please don’t use the church as a place to talk about things that are not true… Because when you go around and give your sermons and preach on Sundays, there are a lot of things, sometimes, that are not true.’
Such a statement represented an ominous challenge to the churches. Aware of this, Hermen Shastri, General Secretary of the Council of Churches of Malaysia (CCM), responded passionately: ‘It is an affront to the church for the minister to insinuate that our religious duty in preaching during worship services is “lies” because it is critical of societal issues.’
He added: ‘I do not think the minister knows that churches spend more time praying for the nation and leaders, that they act and rule justly, which is what God wills from human beings on Earth.’
International concern
The new Bill has been subjected to international scrutiny, with hard questions asked. A US State Department press statement voiced concern about the Bill’s ‘potential impact on freedom of expression in Malaysia, as well as its global reach…’
The statement included a strong call: ‘We urge the Government of Malaysia to ensure that all its laws, existing and future, fully respect freedom of expression.’
However, this new Bill provides potential benefits to the Government in the lead-up to national elections, due in coming months. The Government faces a severe challenge from a new opposition coalition. Many observers are suggesting that the Government will use the Bill, once passed, to muzzle criticism of the Prime Minister over the 1MDB scandal, and therefore to gain electoral advantage.
This new Bill represents a watershed moment for Malaysia and its citizens, of all political persuasions and all religious faiths.
