MARCH 13 — When the Anti-Fake News Bill 2018 (the Bill) was tabled and presented in Parliament on March 29, 2018 by the Minister in the Prime Minister Department, it was Member of Parliament for Pagoh who stood up next after the Minister to start the debate on the Bill.
He started by calling the Bill “unreasonable” and made reference to others calling it “draconian”. If Parliament were to pass the Bill, Malaysians would be facing a law that would impinge on their freedom of speech. He then addressed the House inquiringly: How would one determine which news were fake and which were not.
Pagoh was able to speak for 10 minutes before he was interrupted. When the Speaker finally stepped in to put a stop to interruptions which went on for 10 minutes, Pagoh continued his speech by calling the tabling of the Bill as hurriedly done “on the eve of the 14th General Election”. He added that the powers of the government and the law should not be used to restrict the democratic rights of the people.
He proceeded to end his speech in the following words:
“Tuan Yang di-Pertua, Rang Undang-undang Antiberita Tidak Benar yang digubal secara arbitrari ini memberikan kuasa yang amat luas kepada kerajaan untuk menyekat hak kebebasan rakyat untuk bersuara melebihi had yang dikatakan dibenarkan oleh Perlembagaan. Justeru itu, saya berpandangan bahawa sepatutnyalah rang undang-undang ini wajar ditarik balik dan tidak diluluskan oleh Dewan yang mulia ini. Terima kasih Tuan Yang di-Pertua.”
Strong words, which might not have stopped the hurried passage of the Bill into law, but were much admired.
So, when a Bill to repeal the Anti-Fake News Act 2018 (the Act) was passed by the Dewan Rakyat on August 16, 2018, no one would have imagined that the buried law would be raised from the grave.
It should not be so raised, as a matter of principle.
The law is now a much-worried law. As said by Bersih 2.0:
“It is most worrying that the definition of ‘fake news’ as set out in [the Emergency Ordinance] is very broad and vague. According to the Ordinance, anyone who in any manner and intent to cause or is likely to cause fear or anxiety to the public by holding, offering, publishing, printing, distributing, circulating or disseminating any fake news or publication may be subject to action. This gives direct power to the government to determine whether an action has caused or is likely to cause fear or concern to the public.”
It is even more worrying because it is an Emergency law, despite de facto law minister Datuk Seri Takiyuddin Hassan saying that the Ordinance will only last as long as the state of Emergency is in effect.
Until then, it will continue to be a much-worried law because the government, police or any authorised officer cannot be brought to court for carrying out the provision of the law.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
