PA GE 20
90 IPRC 2022/BOR C- Stress 03
Fake News: A Malaysian Legal Perspective
Ida Shafinaz Mohamed Kamil1, Mohd. Dahlan A Malek2 ismk97@ums.edu.my1, dahlanam@ums.edu.my2
Universiti Malaysia Sabah, Malaysia
ABSTRACT
In Malaysia, 1,616.244 cases were recorded with 14,818 deaths reported on 25 August 2021.
Unfortunately, the world is not only facing the Covid-19 pandemic, but Covid-19 infodemic as well, where fake news about the Covid-19 disease spreads faster and more quickly than the virus itself. The severity of fake news is amplified through various internet platforms as well as social media platforms.
This paper aims to analyse what constitutes fake news and examines the current legal framework put in place by the government to combat fake news in Malaysia. Employing doctrinal legal research, this paper thoroughly examines the relevant legal provisions under the Communications and Multimedia Act 1998 (CMA), and the Penal Code for offence and punishment with regards to fake news. This paper also scrutinizes the legal provision under the Emergency (Essential Powers) Ordinance (No.2) 2021 which came into force on 12 March 2021. The strengths and weaknesses of the Malaysian approach are considered in the process. The findings indicate that there is still room for improvement in regulating fake news in particular concerning the COVID-19 which have raised great concern.
Keywords: fake news, covid-19, criminal offence, infodemic, pandemic
