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Fighting ‘fake news’ with the law
PARIS, July 13, 2018 (BSS/AFP) – Some countries are bringing in
legislation to fight “fake news”, a particular menace during election
campaigning, but critics warn of the danger to freedom of expression and the
media.
Here is a look at the situation in a selection of countries.
– Germany –
The parliament adopted in June 2017 a law against the posting on social
media of hate speech, child pornography, terror-related items and false
information.
Under the law social media platforms like Facebook and Twitter can be
punished with fines of up to 50 million euros ($58 million) if they fail to
remove such illegal content.
Their directors can also be individually fined five million euros.
Critics have warned the law will stifle legitimate free speech by prompting
the platforms to excessively delete and censor posts as a precaution.
– France –
Two controversial draft laws are under discussion in the French parliament
aimed at guarding against “the manipulation of information” during an
electoral period.
The legislation would enable a candidate or political party to ask the
courts to order an immediate halt to the publication of information deemed to
be false in the three months leading up to a national election.
Backed by President Emmanuel Macron, the draft has been criticised by
opposition parliamentarians as an attack on freedom of expression and a move
to create “thought police”.
They have also railed against attempts to define what amounts to false
information.
MORE/MR/1050 hrs
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– Brazil –
No less than 14 draft laws related to “fake news” are under examination in
the Brazilian parliament, with disinformation a looming battleground in the
highly connected country ahead of contested presidential elections in
October.
One of the drafts has already passed to the upper house and provides for
jail sentences of up to three years for the diffusion on the internet of
false information “related to health, security, the national economy, the
electoral process or all other subjects of public interest”.
Ten of Brazil’s 35 political parties signed in June an agreement with the
election authority to fight “the dissemination of false information”.
– Malaysia –
The Malaysian parliament in April 2018 approved a law punishing the
propagation of partially or totally false information with prison sentences
of up to six years and fines of $130,000.
It was slammed by the political opposition and rights groups as an attempt
to silence criticism of the increasingly authoritarian government.
The opposition went on to win elections in May and the new prime minister,
Mahathir Mohamad, who had been among the critics, stunned public opinion when
he said the law would be reviewed but not abolished.
Following an outcry, Mahathir has said the legislation will be repealed
when parliament reconvenes in July.
– Kenya –
President Uhuru Kenyatta signed into law in May a sweeping cyber-crimes act
that criminalises online bullying but also aims to stop the spread of “fake
news”.
One clause targets the publication of “false, misleading or fictitious
data”, providing punishment of $50,000 or up to two years in prison, or both.
Critics argue it could stifle press freedom and make it easy for
authorities to stop journalists from publishing information they dislike.
After a petition was filed to challenge the law, the High Court in late May
suspended its full implementation until a ruling is made.
Rights activists have warned of an increasingly hostile and oppressive
environment for journalists after a dramatic and bloody election season in
2017.
BSS/AFP/MR/1050 hrs