LAWS OF MALAYSIA - federalgazette.agc.gov.my

1 Anti-Fake News1 LAWS OF MALAYSIAAct 803 ANTI-FAKE NEWS ACT 2018 Laws of Malaysia2 ACT 803 Date of Royal Assent .. 9 April 2018 Date of publication in theGazette .. 11 April 2018 Publisher s Copyright CPERCETAKAN NASIONAL MALAYSIA BERHADAll 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 News3 LAWS OF MALAYSIAAct 803 ANTI-FAKE NEWS ACT 2018 ARRANGEMENT OF SECTIONSPart I PRELIMINARY Section 1.

2 Short title and commencement 2. Interpretation 3. Extra-territorial applicationPart 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 newsPart IIIORDER 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 Laws of Malaysia4 ACT 803 Part IVMISCELLANEOUS Section 10.

3 Abetment 11. Institution of prosecution 12. Seizable offence 13. Offence by body corporate 14. Power to amend Schedules First schedule second scheduleAnti-Fake News5An Act to deal with fake news and related matters. [ ]ENACTED by the Parliament of MALAYSIA as follows:Part IPRELIMINARYS hort title and commencement1. (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 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.

4 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; andLAWS OF MALAYSIAAct 803 ANTI-FAKE NEWS ACT 2018 Laws of Malaysia6 ACT 803 (b) any digitally, electronically, magnetically or mechanically produced publication, and a replication or substantial replication of such application3. (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 .

5 (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 IIOFFENCES Creating, offering, publishing, etc., fake news or publication containing fake news4. (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.

6 (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 News7 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.

7 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.

8 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.

9 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.

10 A is guilty of an offence under this of Malaysia8 ACT 803 Providing financial assistance for purposes of committing or facilitating commission of offence under section 45. 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 to carry out duty to remove publication containing fake news 6.