Spreading fake news about the civil service, MYNEWSHUB account operator may face up to RM50k fine, 1-year jail or both
A popular social media account on X (formerly Twitter) came under scrutiny recently after it posted an old video with false information that can be deemed to instigate negative sentiments against the Government and the Malaysian civil service. The X account in question, MYNEWSHUB, had on 12 April posted a video featuring Malaysian civil servants but removed all the context behind the recording. As of the time of writing, the X post had garnered over 1.2 million views, 3,400 likes and 1,100 reposts.
Instead, MYNEWSHUB claimed that a man seen in the video asking about government quarters in front of the Chief Secretary to the Government was apprehended by a group of Royal Malaysia Police (PDRM) officers just because he posed the question. In reality, the Public Service Department (JPA) clarified that the video was recorded quite some time ago and was actually a security drill for the civil service in the event of a provocative situation.
Since then, the social media account operator has been summoned on 13 April by the Malaysian Communications and Multimedia Commission (MCMC) to record his statement for spreading the fake news. Furthermore, MCMC also confiscated the SIM card and a mobile phone belonging to the MYNEWSHUB account operator to assist with the investigation.
So, what action can be taken against the MYNEWSHUB account operator for the offence and what potential punishment awaits if he’s convicted? Well, join us as we delve into the relevant laws and regulations below.
The Communications and Multimedia Act 1998
Given that the video was posted online via X, the most relevant law in this situation is the Communications and Multimedia Act 1998. Specifically, the MYNEWSHUB account operator may face a charge under Section 233(1)(a) of the Act below:
The provision clearly established that it is an offence to knowingly make or initiate the transmission by means of network facilities or applications (in this case, social media platforms), any communication which is false. Moreover, the spreading of fake news is clearly prohibited under the Malaysian Communications and Multimedia Content Code 2022, co-regulated by the Malaysian Communications and Multimedia Content Forum as per Sections 212 and 213 of the Communications and Multimedia Act 1988.
According to the aforementioned Content Code, the most relevant code to the Netflix documentary is Article 7.1 regarding False Content below:
Accordingly, the MYNEWSHUB account operator may face potential punishments under Section 233(3) of the Communications and Multimedia Act below:
Should he be charged and convicted under Section 233 of the Communications and Multimedia Act 1998, the social media account operator may face up to RM50,000 fine or up to 1 year in jail or both. Moreover, he may also be liable to a further fine of RM1,000 per day during which the offence is continued after conviction.
It is worth noting that while the video is still up and running on X as of the time of writing, the RM1,000 per day fine would only be incurred after conviction and the MYNEWSHUB account operator hasn’t even been charged yet. Regardless, MCMC can request X to take down the video from its platform as per Section 233(2) of the Communications and Multimedia Act 1998.
Section 504 and 505 of the Penal Code
Besides that, the MYNEWSHUB account operator may also theoretically be charged under offences prescribed in the Penal Code, specifically under Section 504 for intentional insult with intent to provoke a breach of the peace.
Section 504 of the Penal Code is as follows:
Based on the above provision, the misleading post can be deemed as an offence under Section 504 of the Penal Code. Hence, should he be charged and convicted under this provision, the account operator faces up to 2-year jail, a fine or both.
Besides that, the viral post can also be argued to be in line with what Section 505(c) prescribes as an offence for statements conducing to public mischief below:
Accordingly, should the MYNEWSHUB account operator be convicted under this provision, he faces up to 2-year jail, a fine or both.
Moving forward, it’d be interesting to see what action, if any, would be taken against the social media account operator. In the meantime, let this incident be a reminder to all of us to be mindful of what we post on social media and to always take everything we read and see online with a grain of salt.
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