CIJ CAUTIONS AGAINST THE ARBITRARY USE OF THE TASK FORCE SET UP TO MONITOR ‘FAKE NEWS’ DURING THE 15TH GENERAL ELECTIONS

The Centre for Independent Journalism (CIJ) notes the initiative by the Ministry of Communications and Multimedia (K-KOMM) in the setting up of a task force to monitor “fake news” during the 15th General Elections (GE15). 

According to Communications and Multimedia Minister Annuar Musa, the task force comprises more than 100 personnel from the Royal Malaysia Police (PDRM) and the Malaysian Communications and Multimedia Commission (MCMC). The Minister has urged the public to report to MCMC the social media posts containing “fake news”. He also noted that the task force will act immediately to remove the “fake news” posts without the need to wait for a report.

GE15 is a time where we exercise our freedom of expression as a constitutional right as citizens of Malaysia. This is our opportunity to express our opinions and choices as voters in determining the future of Malaysia as a democratic nation. Information transparency and integrity will influence how we seek, receive and transmit information and opinions. 

It is however noted that disinformation campaigns often escalate during the elections period. Use of technology and social media allows for wider and cross platform amplification.

While it is critical for the caretaker government to adopt measures to curb the spread of disinformation, the move to establish the task force raises particular concerns. We urge the Minister of Communication and Multimedia to urgently provide clarification on the following:

1. What is the definition and scope of ‘fake news’ adopted by the task force?

Note: “Fake news” must be viewed within the larger ecosystem of information. The focus should be understanding the distinct differences between “misinformation” and “disinformation” and the actual intentions behind spreading this kind of information. Misinformation is generally understood as mistakenly or inadvertently creating and spreading false or inaccurate information without malicious or manipulative intent to deceive. Disinformation or ‘fake news’ can be understood as deliberate and systemic attempts with clear intent and design to manipulate and sway peoples’ thinking through propagated, false and dishonest information. 

1. What are the processes in place to identify such content by the task force? What are the necessary safeguards in the event of wrongful removal of content? Are there redress mechanisms in place?
2. Will the task force apply the harm test before classifying a particular content as fake news?

Note: The harm test must always be adhered to in determining if the disinformation actually was intended to mislead and did in fact lead to undermining political parties or candidates’ reputations and privacy, and incited violence, discrimination or hostility against specific groups or community. General differences of opinion, dissent or questioning of party, candidate or public institutions leading to distrust of said party, candidate or institution would not necessarily meet the harm test. 

1. What is the level of engagement between the task force and multinational technology companies that provide the platform and services such as META, Twitter, Bytedance, Google, etc in enabling removal of ‘fake news’ content on these spaces?
2. How will the task force align its definition of fake news with content moderation standards and rules of social media and messaging applications? 
3. What measures are in place to guarantee that this would not lead to further surveillance, invasion of privacy, censorship, attacks on media freedom, and disproportionate crackdowns on legitimate speech?
4. What guarantees are there that the actions of the task force will be impartial and not be misused as a tool to further political agenda?

Any arbitrary and unchecked use of the task force will go against the fundamental norms of freedom of expression and speech as enshrined in our Federal Constitution and international standards, which clearly stipulate that the public has the right to know, seek and receive, as well as to impart ideas and information of all kinds. 

The focus must be on educating the public.The government should support credible public service broadcasting so that people willcheck their trusted news source.

As the general public, in exercising our freedom of expression, we must adhere to international standards and prevent the dissemination of disinformation. 

11 November 2022
Wathshlah G. Naidu
CIJ Executive Director

For media inquiries, contact gem@cijmalaysia.net