AFTER the repealing of the short-lived Anti-Fake News Act in 2019, Malaysia has now resurrected the “fake news” ordinance, this time under the emergency rule to curb the spread of misinformation pertaining to the Covid-19 pandemic and the emergency declaration.

Some might argue that people should not be worried by it if they have no intent to disseminate misinformation, and also if they agree on the importance of ensuring correct and vital information to effectively reach the public during this pandemic.

However, it’s not about intent, it’s the absolute power granted to the authorities during the enforcement of said ordinance.

Under Malaysia’s fake news ordinance, it is a criminal offence to create, publish, or disseminate news, information. 

An example to consider: The state of Pahang has issued an enhancement standard operating procedure of one hour dine-in limit from the news. So, the message is partially true, which by definition of the fake news ordinance, creating and spreading it is a criminal offence.

Did it cause any unrest to the receiver of the message? Probably. Did it cause any actual harm? No. Did it disrupt public order? No.

The person who composed and spread the message probably did not have any harmful intention at all, and those spreading it most likely believed that it’s true.

Who is to decide if anyone had committed an offence because, by the broad definition under the ordinance, creating and spreading this is a punishable offence? It’s like having a modern-day Sword of Damocles hanging over everyone’s head, which one may fall prey to at any moment. 

There’s a saying “Fight misinformation with facts, not with an act”. But let’s face it, how many of us actually fact-check everything that comes in our way? I consider myself a relatively tech savvy and also media literate person, but I couldn’t verify the claims of the aforesaid message.

Combating fake news is proven to be a pain in the neck, considering that the time and resources required to debunk falsehoods are substantially greater than fabricating one. Furthermore, rebuttal or clarification often does not go as far as the fake news, but the damage is already done.

Fortunately, this time when the first news portal that picked up the news, managed to dig deep enough, or was resourceful in pinpointing the origin of it, and found the genuine content within the message before publishing a news article. 

It is however not always the case, as there are plenty of instances where a news portal succumbs to the fast-food nature of the ever-fast-moving news cycle, and just picks up whatever that falls on their plate, and couldn’t even bother corroborating with multiple sources before publication.

Yes, news should be fast, but one standard that any news agency should maintain, is factual accuracy. It’s not about maintaining moral high ground, but rather a responsibility to society.

I’ve talked about how social media contributes to the spreading of misinformation in my previous article. It will be an ongoing debate on how to deal with it for years to come, but criminalising it is not the answer.

Thanks to social media, nowadays anyone may have almost the same influence over other people. A proper news agency or organisation still holds a significantly greater power in influencing the masses, which is why all publications must be fact-driven.

Now try putting yourself in the shoes of a news agency. Any individual who views himself as an influencer of some sort, must hold the same standards of a news agency, because he too bears the responsibility of getting the right information out.

But ultimately, can anyone be sure they are factually correct all the time? You’re one mistake away from being slapped with a hefty fine or put behind bars. 

Back to the idea of a fake news law, it was already discredited before by our own Parliament, and the government is taking one step forward and two steps back by reviving it.

Although the fake news ordinance will cease itself within six months after the end of the proclamation of emergency, who is to say it won’t make a comeback once again in the future if it is found useful by the people in power?

Since we are probably going to have a general election this year or next, I would like to hear those who intend to run for office their personal stand on having an anti-fake news law. Please let us know so we can choose who to vote for coming election time.

I am not fond of putting my future in the hands of someone who doesn’t comprehend the importance of freedom of expression. 

The fake news ordinance is not a vaccine to curb misinformation. Even if it were, the side effects are erosion of freedom of speech, and silence the much-needed critical discussion of the handling of the pandemic and current political situation in Malaysia. 

On our end, we too have a collective responsibility to equip ourselves with media literacy as every content that we create, publish and share on any platform contributes to social discourse. – March 15, 2021.

* Kelvin Lee is a member of Agora Society. Both a dreamer and realist, he is constantly figuring out ways to balance the two. He believes that by defying the norm, one can pave the way for a better future.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.