THE battle against fake news in Malaysia will be far from a fair fight, as the media are powerless to question the government’s declaration of what constitutes the truth and what are truly lies, a media don said.

As such, any law against fake news in Malaysia would be tantamount to be “an undemocratic weapon of the powerful, used against their opponents”, said communications professor Zaharom Nain.

In the United States, where the term “fake news” became popularised by President Donald Trump, the media could still challenge the government’s declaration of which news reports were fake or the truth.

“The media, with the possible exception of Fox News that championed Trump, often fight back to reveal that Trump’s ‘fake news’ tend to be reports and opinions that are critical of him,” Zaharom told The Malaysian Insight.

“In the US case, both Trump and a critical media sparred with each other. The media openly criticise him and his regime with little repercussions, principally because they have the First Amendment that guarantees free speech.

“Shift that scenario to Malaysia, and we find that it doesn’t happen here,” he said.

Putrajaya is introducing a new law to fight fake news. The bill is expected to be tabled in the current Dewan Rakyat sitting.

The Malaysian Communications and Multimedia Commission (MCMC) has also proposed to increase the fine for spreading fake news to RM500,000 and 10 years’ imprisonment.

Zaharom, who is from University of Nottingham Malaysia, said the fake news battle in this country is between a regime rattled by scandals and losing much of its credibility, and a media shackled by economic, legal and political controls.

Malaysian mainstream media – newspapers and television news outlets – are subject to the federal government’s controls through laws like the Printing Presses and Publications Act 1984 and Broadcasting Act 1988.

Control is also exercised through ownership. Several newspapers and television stations are either directly or indirectly controlled by Barisan Nasional component parties.

“In this environment, when the regime talks about fake news and a need to control or eradicate them, the voices against the proposed harsh legislation have been plaintive, cautious at best,” Zaharom said.

“It is not an environment where anyone can claim something is fake and get something done about it… it is an environment where those in control can and will determine the definition of fake news.

“They will do it based on what they feel suits them and their motivations, not for the best of Malaysian society.”

What’s fake?

Fake news must be properly defined, and it will take more than just Putrajaya to determine what it means, Zaharom said.

“We need to first determine what constitutes fake news, and ‘we’ means more than just the regime and its apparatchiks.”

Political analyst Hisommudin Bakar agrees, saying a clear definition of what was “fake news” was all the more important now with the increased use of social media platforms for election campaigning. 

“Fake news may be hoaxes with information manipulated and presented as facts. Usually fake news is related to propaganda meant to psychologically win over the people,” he told The Malaysian Insight.

“Voters can usually ‘sieve through’ propaganda materials in election campaigns, but fake news go through a higher level of manipulation and may confuse the people,” he said.

Hisommudin said both BN and the opposition Pakatan Harapan pact face the challenge of combating fake news and allegations on social media.

“It is difficult to block (fake news), especially those in social media users’ comments. 

“The people often cite unverified sources when they post comments.”

The Ilham Centre executive director is also concerned about fake news containing elements harmful to the country’s harmony and unity.

“It will be dangerous for Malaysia if the materials spread are false and contain elements of hate. Uncontrolled, it may have terrible consequences on the unity and peace we have built.”

Zaharom said for the fight against fake news to be fair and neutral, consultation and agreement between civil societies and both sides of the political divide is crucial.

It was reported last month that the government was speaking to civil society organisations, lawyers, lecturers, and lawmakers from BN and the opposition on the proposed fake news law.

However, Zaharom said, government consultations on the matter have so far been with a limited range of individuals representing a limited range of organisations. 

“You – we – are not going to get much representation and relief from such consultations,” he said.

“True democracy doesn’t work this way, where consultations are nothing more than rubber stamps. We deserve better.”  – March 10, 2018.