THE Kuala Lumpur High Court has dismissed independent news portal Malaysiakini’s judicial review application to challenge the constitutionality of the Anti-Fake News Act 2018.

Judge Hajah Azizah Nawawi dismissed the application, which was filed on April 27 by the law firm Daim and Gamany, with costs of RM5,000.

In delivering her judgement, Azizah said the challenge was “premature” on the part of Malaysiakini as the internet portal had yet to be affected or charged under the act by the government. 

Malaysiakini was seeking leave for a declaration that the Anti-Fake News Act 2018 is in violation of Article 5, which protects individual liberty, and Article 10(1), which protects freedom of speech, in the Federal Constitution.

The online portal was represented by former Padang Serai MP N. Surendran, Latheefa Koya and Shahid Adli.

“In this case, since the applicant (Malaysiakini) has not been charged with any offence under the act, his rights has not been affected.

“His rights will only be affected if he is charged under the said act, and only in such situation that he can challenge the constitutionality of the said act,” said Azizah.

Malaysiakini was seeking leave for a declaration that the Anti-Fake News Act 2018 is in violation of Article 5, which protects individual liberty, and Article 10(1), which protects freedom of speech, of the federal constitution.

The news portal was represented by former Padang Serai MP N. Surendran, Latheefa Koya and Shahid Adli.

Surendran expressed disappointment at the court decision and said he would be filing an appeal on behalf of his client.

The government and former home minister Ahmad Zahid Hamidi were represented by senior federal counsels Awang Armadajaya Awang Mahmud, Maisarah Johari, Nik Syahril Nik Ab Rahman and Muhammad Azmi Mashud.

Former prime minister Najib Razak’s government drafted the act which passed into law  in April. Offenders may be jailed for up to six years and fined up to RM500,000 ringgit  upon conviction.

The Barisan Nasional government had defined fake news as news, information, data and reports, including features, visuals and audios, which are “wholly or partly false”.

The law covers digital publications and social media and also applies to offenders outside Malaysia, including foreigners, if Malaysia or a Malaysian citizen is affected.

The Pakatan Harapan government under prime minister Dr Mahathir Mohamad has pledged to review the law, but has so far dismissed calls for it to be scrapped. – June 6, 2018.