Fighting ‘fake news’ with the law
TO stop the proliferation of “fake news” in their societies, many countries have resorted to legislation to fight off the menace, with varying degrees of success or disappointment.
We in this paper have naturally watched with interest this legislative initiative, because any new law on information dissemination will naturally impinge on our own work as a channel of communication and journalism.
The news agency Agence France Presse has admirably undertaken a survey of the legislative initiative in various countries. Here briefly is part of the AFP report from country to country:
1. Germany – The German 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 that the law will stifle legitimate free speech by prompting the platforms to excessively delete and censor posts as a precaution.
2. 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 criticized by opposition parliamentarians as an attack on freedom of expression and a move to create “thought police.”
3. Brazil: No less than 14 draft laws related to “fake news” are under examination in the Brazilian parliament, with disinformation a looming battleground 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.”
4. 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 denounced 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. 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 a public outcry, Mahathir has said the legislation will be repealed when parliament reconvenes this July.
Where does the Philippines stand in this parade of agitation against fake news?
The Philippine Congress was quick, even hasty, in responding to the threat or menace of cybercrime. As early as 2012, the Congress passed the Cybercrime Prevention Act of 2012, officially recorded as Republic Act 10175.
The law, approved on September 12, 2012, sought to address legal issues concerning online interactions and the Internet in the Philippines.
On October 9, 2012, the Supreme Court issued a temporary restraining order, stopping the implementation of the RA 10175 for 120 days.
On February 18, 2014, the Supreme Court ruled that section 5 of the law was constitutional, and that sections 4-C-3, 7, 12 and 19 were unconstitutional
The strategy of fighting fake news with legislation has not been successful so far. It has met with formidable opposition from those fearful of the threat to constitutional guarantees of free expression and press freedom.
Resolution will come when legislators are more knowing about how the Internet has impacted communications and the freedom of expression and of the press.
The post Fighting ‘fake news’ with the law appeared first on The Manila Times Online.