Creating, offering, publishing, etc., fake news or publication containing fake news
s 4
(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. (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 court. 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. 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. 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. 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. A is guilty of an offence under this section.