Kuala Lumpur - A Danish man was sentenced to jail for a week in Malaysia on Monday after pleading guilty to violating the legal rules about fake news. He became the first person to be punished under the controversial law.
The fake news legislation, passed in early April, makes people deemed to be deliberately spreading false information, punishable by imprisonment up to six years in prison and a relatively large fine.
The law has sparked outrage from human rights groups who believe the rule is a pretext for the authorities to crack down on those with disagreements.
Salah Salem Saleh Sulaiman, a 46-year-old Dane of Yemeni descent, claimed to create and post on YouTube a video accusing emergency services of responding to the slow shooting of a Hamas member.
Fadi al-Batsh was shot dead in Kuala Lumpur on April 21, 2018. The rocket-making expert was executed while heading to the mosque, to perform the morning prayers.
The victim's family accused the Israeli spy agency, the Mossad as a puppeteer. However, the Zionist state denied being behind the killing.
In the trial, Salah Salman Saleh Sulaiman, who was not accompanied by a lawyer, wore a white robe and green cap. He claimed not to know the law about spreading fake news in Malaysia.
"I confess wrong, because I did not ask about the rule of law in this country," he said, in English, trembling. Similarly, as quoted from Asiaone on Tuesday (1/5/2018).
A two minute video is playing in court. The footage shows the defendant speaking in Arabic and complaining about what he claims to be a slow response from Malaysian police and ambulance services after the shootings. The authorities have denied his claim.
Judge Zaman Mohamad Noor handed down a week-long jail sentence against the defendant, withheld the period of detention he had served since his arrest on April 23, 2018. A fine of 10,000 ringgit (Rp 35 million) was also imposed.
"If you can not pay a fine, then the defendant must undergo a substitute for one month," the judge said.
Controversial Law
Fake news legislation has sparked fears that the government is trying to stifle criticism, especially with elections that took place on 9 May.
Malaysiakini's independent news portal last week filed its first legal complaint against the false news legislation, citing the violation of constitutional guarantees for free speech.
In the Act, anyone found "consciously creates, offers, publishes, prints, distributes, disseminates or disseminates" any false news or publication may be fines of up to 500,000 Malaysian ringgit or imprisonment of up to 10 years or both.
In case of continuous violation, a person may be subject to an additional fine of up to 3,000 Malaysian ringgit daily for continuing violations.
In addition to punishment, the court may also order the making of an apology, such as in open court or by publication in the newspaper.
Anyone found providing financial assistance for the purpose of committing or facilitating the offense is also liable for fines of up to 500,000 Malaysian ringgit or imprisonment of up to 10 years or both.
The bill also states that any person who fails to remove publications containing false news is also liable for fines up to 100,000 Malaysian ringgit and in case of continuing violations, a further fine of up to 3,000 Malaysian ringgit daily for continuing violations.
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