KUALA LUMPUR, Feb 19 — Available punishments under the Malaysia Communications and Multimedia Act 1998 are more than enough to tackle the spread of fake news in the country, legal practitioners said today.
The lawyers were commenting on Malaysian Communications and Multimedia Commission (MCMC) chief operating officer Datuk Mazlan Ismail’s statement that the current punishments under Section 233 (1) Communications and Multimedia Act 1998 were insufficient.
He suggested that the current fine of RM50,000 to be increased to RM500,000 and the jail sentence from one year to be increased to 10 years.
Criminal lawyers who spoke to Malay Mail said increasing punitive sentencing must reflect the abhorrence of society to the rampancy and seriousness of the offence, or else the move would only be a step backward for the nation’s freedom of expression.
“The suggestion to increase the punishment is a step backward for the freedom of expression and will only serve as a tool to instil fear amongst the public,” lawyer Surendra Ananth said.
“Criminalising fake news is restricting freedom of speech. What you are essentially doing is providing the government with the power to decide on what amounts to the “truth”,” he said.
Surendra acknowledged that the act of spreading fake was indeed an issue, but pointed that there were other means such as civil litigation to address the problem.
Lawyer Salim Bashir Baskaran said there was no logic to increasing the punishment and said here were no studies to suggest that crime would be reduced in doing so.
“There are no statistics to prove that heavier punishment will reduce spread of fake news and act as deterrence.
“Socio economic factor in Malaysia does not warrant any increment of fine that can be seen to be very much excessive to an organisation or an individual to pay in which the failure to pay will lead to imprisonment,” he said.
Another lawyer, Syahredzan Johan also said the current sentences under the Act was sufficient.
“If you look at the vast majority of people convicted under the section, they are working class people. Even RM10,000 is a lot for them, so the current maximum sentence does not need to be increased,” he said.
Lim Chi Chau, another criminal lawyer, concurred with Syahredzan, saying that punishment meted out under the current Act was sufficient.
“The current punishment is just fine considering parties can still file civil suit for defamation or others,” he said.
Mazlan reportedly said that spreading fake news was a serious offence and could pose a threat to multiracial and multireligious Malaysia’s harmony.
A special committee to draft laws to curb fake news was formed on January 30, following an announcement by Prime Minister Datuk Seri Najib Razak that new legislation was needed to curb the menace.
The committee includes representatives from the police, Attorney-General’s Chambers, National Security Council, the Communications and Multimedia Ministry, the Legal Affairs Division, MCMC, and also non-governmental organisations and Members of Parliament.
