ANTI-FAKE NEWS ACT 2018

Anti-Fake News LAWS OF MALAYSIA Act 803 ANTI-FAKE NEWS ACT 2018 1 2 Laws of Malaysia Date of Royal Assent Act 803 ... ... 9 April 2018 Date of publication in the Gazette ... ... ... 11 April 2018 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Anti-Fake News 3 LAWS OF MALAYSIA Act 803 ANTI-FAKE NEWS ACT 2018 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Extra-territorial application Part II OFFENCES 4. Creating, offering, publishing, etc., fake news or publication containing fake news 5. Providing financial assistance for purposes of committing or facilitating commission of offence under section 4 6. Failing to carry out duty to remove publication containing fake news Part III ORDER FOR REMOVAL OF PUBLICATION CONTAINING FAKE NEWS 7. Court may order for removal of publication containing fake news 8. Setting aside of order for removal of publication containing fake news 9. Court may order for removal of publication containing fake news by police officer or authorized officer under the Communications and Multimedia Act 1998 4 Laws of Malaysia Part IV MISCELLANEOUS Section 10. Abetment 11. Institution of prosecution 12. Seizable offence 13. Offence by body corporate 14. Power to amend Schedules First Schedule Second Schedule Act 803 5 Anti-Fake News LAWS OF MALAYSIA Act 803 ANTI-FAKE NEWS ACT 2018 An Act to deal with fake news and related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Anti-Fake News Act 2018. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “fake news” includes any news, information, data and reports, which is or are wholly or partly false, whether in the form of features, visuals or audio recordings or in any other form capable of suggesting words or ideas; “Court” means Sessions Court; “Minister” means the Minister charged with the responsibility for law; “publication” includes— (a) any written publication or publication of a nature similar to any written publication, and every copy and reproduction or substantial reproduction of such publication; and 6 Laws of Malaysia Act 803 (b) any digitally, electronically, magnetically or mechanically produced publication, and a replication or substantial replication of such publication. Extra-territorial application 3. (1) If any offence under this Act is committed by any person, whatever his nationality or citizenship, in any place outside Malaysia, he may be dealt with in respect of such offence as if the offence was committed in any place within Malaysia. (2) For the purposes of subsection (1), this Act shall apply if, for the offence in question, the fake news concerns Malaysia or the person affected by the commission of the offence is a Malaysian citizen. Part II OFFENCES Creating, offering, publishing, etc., fake news or publication containing fake news 4. (1) Any person who, by any means, maliciously creates, offers, publishes, prints, distributes, circulates or disseminates any fake news or publication containing fake news commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding six years or to both, and in the case of a continuing offence, to a further fine not exceeding three thousand ringgit for every day during which the offence continues after conviction. (2) The Court may, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection to make an apology to the person affected by the commission of the offence in the manner determined by the Court. (3) Failure to comply with an order made under subsection (2) shall be punishable as a contempt of court. Anti-Fake News 7 ILLUSTRATIONS (a) A offers false information to B, for B to publish the information in B’s blog. B, not knowing that the information offered by A is false, publishes the information in his blog. A is guilty of an offence under this section. B is not guilty of an offence under this section. (b) A fabricates an information by stating in an article published in his blog that Z, a well-known businessman has obtained a business contract by offering bribes. A is guilty of an offence under this section. (c) A fabricates an information by stating in an article published in his blog that Z, a well-known businessman has obtained a business contract by offering bribes. B, knowing that the information has been fabricated shares the article on his social media account. Both A and B are guilty of an offence under this section. (d) A publishes an advertisement containing a caricature of Z depicting Z as a successful investor in an investment scheme knowing that Z is not involved in the investment scheme. A is guilty of an offence under this section. (e) A publishes a statement in his social media account that a food product of Z’s company contains harmful ingredients and is being sold to the public knowing that the production of the food product has been discontinued several years ago and the food product is no longer sold to the public. A is guilty of an offence under this section. (f) A creates a website impersonating a Government agency’s website. In the website, A publishes a guideline purportedly issued by the head of the Government agency which requires the public to apply for a licence to carry out a particular activity. There is no such guideline issued by the Government agency. A is guilty of an offence under this section. (g) A gives a speech during a public forum held at a public place. In his speech, A informs that Z has misappropriated moneys collected for charitable purposes knowing that the information is false. A is guilty of an offence under this section. (h) A holds a press conference where he claims that Z, an owner of a supermarket, will give out free gifts to the first one hundred customers of his supermarket on every first Saturday of the month knowing that Z has no intention to do as claimed by A. A is guilty of an offence under this section. 8 Laws of Malaysia Act 803 Providing financial assistance for purposes of committing or facilitating commission of offence under section 4 5. Any person who directly or indirectly, provides or makes available financial assistance intending that the assistance be used, or knowing or having reasonable grounds to believe that the assistance will be used, in whole or in part, for the purposes of committing or facilitating the commission of an offence under section 4, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding six years or to both. Failing to carry out duty to remove publication containing fake news 6. (1) It shall be the duty of any person having in his possession, custody or control any publication containing fake news to immediately remove such publication after knowing or having reasonable grounds to believe that such publication contains fake news. (2) Any person who fails to carry out the duty under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit, and in the case of a continuing offence, to a further fine not exceeding three thousand ringgit for every day during which the offence continues after conviction. Part III ORDER FOR REMOVAL OF PUBLICATION CONTAINING FAKE NEWS Court may order for removal of publication containing fake news 7. (1) Any person affected by a publication containing fake news may apply ex parte to the Court for an order for the removal of such publication. Anti-Fake News 9 (2) The application under subsection (1) shall be made in the form prescribed in the First Schedule and shall be accompanied by a police report and other documents supporting such application. (3) Upon receiving the application under subsection (2) and after considering such application or such other evidence, if the Court is satisfied that the publication containing fake news should be removed, the Court may make an order in the form prescribed in the Second Schedule for the removal of such publication. (4) The order made under this section may contain the following particulars: (a) the person who is required to remove the publication containing fake news; (b) the manner of the removal of the publication containing fake news; (c) the time within which the publication containing fake news shall be removed after the service of the order; and (d) any other order as the Court deems fit. (5) The order made under this section shall be deemed to be served on the person against whom the order is made if the order is served by personal service, sent by post to the last known address of such person, or served by electronic means to such person. (6) Any person who fails to comply with the order made under this section commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit. Explanation—The service of an order under this section by electronic means to a person against whom the order is made may be done, among others, by sending the order to his e-mail address or to his social media account. 10 Laws of Malaysia Act 803 Setting aside of order for removal of publication containing fake news 8. (1) Subject to subsection (3), the person against whom an order under section 7 is made may apply to set aside the order within fourteen days from the date the order is served on him. (2) An application to set aside under subsection (1) shall not amount to a stay of the order for removal under section 7. (3) If an order under section 7 is obtained by the Government relating to a publication containing fake news which is prejudicial or likely to be prejudicial to public order or national security, there shall be no application for the setting aside of such order by the person against whom the order was made. Court may order for removal of publication containing fake news by police officer or authorized officer under the Communications and Multimedia Act 1998 9. (1) If the person against whom the order is made under section 7 fails to remove the publication containing fake news, the Court may, on the application of the Public Prosecutor make an order directing a police officer or an authorized officer under the Communications and Multimedia Act 1998 [Act 588], as the case may be, to take the necessary measures to remove such publication. (2) The application under subsection (1) shall be made in the form prescribed in the First Schedule and shall be accompanied by a police report and other documents supporting such application. (3) Upon receiving the application under subsection (2) and after considering such application or such other evidence, if the Court is satisfied that the publication containing fake news should be removed, the Court may make an order in the form prescribed in the Second Schedule requiring a police officer or an authorized officer under the Communications and Multimedia Act 1998 to take the necessary measures to give effect to the order. Anti-Fake News 11 Part IV MISCELLANEOUS Abetment 10. Any person who abets the commission of any offence punishable under this Act shall, if the act abetted is committed in consequence of the abetment, be punished with the punishment provided for the offence. Institution of prosecutio