Fighting 'fake news' with the law
Fighting 'fake news' with the law
AFP • July 12, 2018
Paris (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.
- 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.
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