Abstract
Recently, the proliferation of fake news online has raised significant alarm globally, prompting numerous governments to take legal action to address the issue. In 2018 and 2021, Malaysia enacted two distinct laws to address the issue of fake news: the Anti-Fake News Act 2018 and the Emergency (Essential Powers) (No. 2) Ordinance 2021. These two laws have garnered significant attention and criticism, particularly regarding their negative impact on freedom of speech. This Article employs the standards of freedom of expression outlined in the International Covenant on Civil and Political Rights to assess Malaysia's fake news laws regarding legality, necessity, and legitimacy. This Article examines several aspects of the two laws, such as the legal definition of fake news, the legislative processes, and the objective of speech restrictions. This Article argues that Malaysia's fake news laws have multiple issues and do not conform to international human rights standards. As more and more governments consider implementing legal measures to address the issue of fake news in recent years, Malaysia's fake news laws serve as a worrisome precedent to be mindful of.
Recommended Citation
Bevis H. Chen,
Evaluating Malaysia’s Fake News Laws Through the Lens of International Human Rights Standards,
48
S. Ill. U. L.J.
387
(2024).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol48/iss3/5