Description
The Bar Council is deeply troubled by the enactment of the Anti-Fake News Act 2018, which came into operation on 11 Apr 2018. The legislation raises many questions regarding its content, intent and impact. It criminalises “fake news”, but since that is not clearly defined, it could be used to suppress freedom of expression in the context of expressing views or opinions. This concern is particularly relevant in the context of the imminent 14th General Election (“GE14”). The Anti-Fake News Act 2018 is wholly inconsistent with the right to freedom of speech and expression, which is guaranteed in Article 10(1)(a) of the Federal Constitution. The far-reaching effect of the Anti-Fake News Act 2018 renders the exercise of that fundamental right ineffective or illusory. This legislation enables the Government to immediately silence “fake news”, and will result in the intimidation of the media and honest practitioners of freedom of expression.
