The challenge
The government said false online information threatened public order ahead of the 2018 election.
The case
Malaysia's Anti-Fake News Act 2018 was rushed through under Prime Minister Najib Razak weeks before the May 2018 election. It allowed fines of up to RM500,000 and prison terms of up to six years for creating or spreading 'fake news'. The first person convicted, in April 2018, was a Danish visitor who had posted a YouTube video criticising police response times. Sentenced to a week in jail and a RM10,000 fine, he chose to serve a month in jail instead of paying. Rights groups said the law targeted critics, and opposition leader Mahathir Mohamad was investigated under it. After winning power, Mahathir's government tried to repeal it in 2018; the Senate blocked the bill, and the lower house passed the repeal again in October 2019.
Why it didn't work
A vague, punitive 'fake news' crime mainly served as a tool against critics and lost legitimacy within months; existing laws plus transparency proved a more defensible route.
Sources
- BenarNews (2018). Foreign visitor sentenced to jail in Malaysia's first 'fake news' conviction.
- Malay Mail (2019). Anti-Fake News Act repealed by Dewan Rakyat again.
- ARTICLE 19 (2018). Malaysia: Senate's rejection of bill abolishing Anti-Fake News Law a backwards step.
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