PETALING JAYA: According to legal expert Prof Datuk Dr Shad Saleem Faruqi, simply saying “I didn’t know” is not a sufficient defense for mindlessly forwarding false information online. He explains that even if forwarders claim they had no intention of spreading fake news, it is still considered a crime. In defamation law, the excuse of ignorance is not accepted. “We all know that we must always check the information given to us and verify it first. You can’t say you didn’t intend to cause harm when you knowingly shared unverified and controversial information,” Prof Shad Saleem says.
He emphasizes that forwarding fake posts is considered a crime because it can likely harm others. This view is supported by Sinar Project programme officer, Kelly Koh, who warns that not only creating and posting sensitive content online can get you in trouble, but also forwarding such information. Koh explains that forwarding unverified information is seen as an act of transmission in the spread of sensitive news on social media platforms.
Koh further explains that Section 233 of the Communications and Multimedia Act 1998 covers the transmission of content, including forwarding. However, she mentions that there have been rare cases of arrest and no charges brought against individuals for sharing content involving sensitive topics.
Communications and Digital Minister, Fahmi Fadzil, has announced plans to amend the Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Commission Act 1998 to tackle insensitive comments on race, religion, and royalty. This amendment is necessary as no changes have been made to these Acts since their enactment in 1998.
Prof Shad Saleem suggests that social media platform owners should implement stricter verification methods to prevent anonymous posting of potentially harmful content. He believes it is necessary to avoid allowing individuals to “defecate in cyberspace.”
Meanwhile, the Centre for Independent Journalism (CIJ) is preparing to monitor social media platforms during the upcoming elections in Selangor, Negri Sembilan, Penang, Kedah, Kelantan, and Terengganu. CIJ executive director, Wathshlah G. Naidu, highlights the trend of spreading sensitive issues closer to state polls and states that they are preparing mitigation and response mechanisms in collaboration with stakeholders.
The CIJ’s Social Media Monitoring of Malaysia’s 15th General Election (GE15) report has found numerous social media posts containing ethnic and religion-based narratives. The report also highlights PAS and its president, Tan Sri Abdul Hadi Awang, as major contributors in inciting such narratives online leading up to GE15.
Credit: The Star : News Feed
