The National Union of Journalists Peninsular Malaysia (NUJ) said while the Anti-Fake News Bill may be targetting the perpetrators of fake news, its wide-ranging power will likely end up stifling the media.

"The bill has wide-reaching implications to the industry due to the heavy penalties imposed on sources, publishers and funders, plus its capacity to force media organisations to remove articles through ex-parte applications.

"Though the target of the Bill is those who create fake news, media organisations would also likely to be stifled," said NUJ general-secretary Chin Sung Chew.

He noted that Section 8(3) of the proposed law allows the government to order the removal of a publication it deems prejudicial to public order or national security.

Furthermore, an order under this provision cannot be challenged in court.

"We are gravely concerned in allowing one party to have unquestionable power to remove articles it disagreed with (as it) could be easily abused.

Furthermore, Chin also expressed concern that the hefty punishment of up to 10 years imprisonment and RM500,000 fine against those accused of producing fake news.

"The union questions why the new Bill has penalties so much heavier than existing ones that address the similar issue of contentious news and social media posts," he said.

Chin pointed out that this is already dealt with under Section 500 of the Penal Code which carries a punishment of up to two years in prison, a fine, or both.

Likewise, he said Section 233(3) of the Communications and Multimedia Act 1998 also deals with the similar issue and carries the penalty of up to one-year imprisonment, a fine of up to RM50,000 or both.

"NUJ urges the government to re-examine the Anti-Fake News Bill in depth together with other relevant bodies before it is implemented so as to clearly define the application of the said Bill," he said.

Twitter campaign

In a separate statement, press activists group Gerakan Media Merdeka (Geramm) said that the definition of “fake news” in the Bill was too broad and that the punishment too excessive.

“The government should not be allowed to have a monopoly over what should be defined as fake news.

“As a group fighting for the rights of journalists and media practitioners, Geramm believes that the best tool to fight against fake news is not with oppressive laws but through enforcing rights to freedom of expression,” it said.

As such, Geramm urged all supporters to join their online Twitter campaign to reclaim journalists’ rights to perform their duties.

The group intends to launch a hashtag campaign across all platforms with the hashtag #twoplustwo in protest of the Bill.

“We urge supporters to retweet messages via our Twitter @mediageramm from 10 am tomorrow until the final debate of the Anti-Fake News Bill, in hope that the concerns would be raised in Parliament,” it said.