803 - ANTI-FAKE NEWS ACT 2018

Anti-Fake News 1 LAWS OF MALAYSIA Act 803 ANTI-FAKE NEWS ACT 2018 2 Laws of Malaysia Act 803 Date of Royal Assent ... ... 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 Act 803 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 Anti-Fake News 5 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 prosecution 11. No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor. Seizable offence 12. Every offence punishable under this Act shall be a seizable offence. Offence by body corporate 13. (1) If a body corporate commits an offence under this Act, a person who at the time of the commission of the offence was a director, chief executive officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management— (a) may be charged severally or jointly in the same proceedings with the body corporate; and (b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves— (i) that the offence was committed without his knowledge; or 12 Laws of Malaysia Act 803 (ii) that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence. (2) If any person is liable under this Act to any punishment for any act, omission, neglect or default, such person shall be liable to the same punishment for the act, omission, neglect or default of the person’s employee or agent, or of the employee of the person’s agent, if the act, omission, neglect or default was committed— (a) by that person’s employee in the course of his employment; (b) by that person’s agent when acting on behalf of that person; or (c) by the employee of that person’s agent in the course of his employment by the person’s agent or otherwise on behalf of the person’s agent acting on behalf of that person. Power to amend Schedules 14. The Minister may, by order published in the Gazette, amend the First and Second Schedules. First schedule APPLICATION FOR ORDER FOR REMOVAL OF PUBLICATION CONTAINING FAKE NEWS [Subsections 7(2) and 9(2)] IN THE SESSIONS COURT AT IN THE STATE OF CASE NO: Name of the applicant: NRIC/Passport/Company Registration No.*: Address: *Delete whichever inapplicable Anti-Fake News 13 Application (Please refer to Instructions to Applicant): In support of this application, I affirm that— (Please refer to Instructions to Applicant) Signed by ) Dated the day of 20 ) At ) Before me Commissioner for Oaths I humbly pray to the Honourable Court for the order for the removal of the publication containing fake news to be granted. Dated the day of 20 Hearing date: Time: (a.m./p.m.) At: Dated the day of 20 (Seal) Registrar 14 Laws of Malaysia Act 803 Instructions to Applicant: 1. For the purposes of this application, the following documents must be attached herewith: (a) police report; and (b) certified copy of documents proving the publication containing fake news; or (c) other certified documents or evidence supporting this application. 2. Applicant must state the specific publication containing fake news to be removed. 3. Applicant must state and affirm the basis or grounds for the making of this application. This affirmation must include the particulars relating to— (a) the identity of the applicant; (b) the subject matter which is said to be fake news; (c) the identity of the person making such publication containing fake news; (d) the manner in which such publication containing fake news was made; and (e) the manner in which the applicant is affected. second schedule ORDER FOR REMOVAL OF PUBLICATION CONTAINING FAKE NEWS [Subsections 7(3) and 9(3)] (*Title as in the application form in the First Schedule) To Upon receiving the application of and upon receiving the police report and other documents supporting the application, filed on the day of 20 , and upon hearing , and the applicant by his own or to abide by order of the Court for the removal of such publication containing fake news. Anti-Fake News 15 It is ordered and directed that you remove the publication containing fake news within (specify the time/period) relating to the matters in question in this application and particularly Dated the day of 20 (Seal) Sessions Court Judge Hakcipta Pencetak H PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/ atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik). DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA