Mkini files bid to quash fake news law as unconstitutional

  • Nation
  • Friday, 27 Apr 2018

KUALA LUMPUR: Mkini Dotcom Sdn Bhd has filed leave for a judicial review seeking a declaration that the Anti-Fake News Act 2018 is unconstitutional, has no effect and is not valid.

The leave application was filed at the Kuala Lumpur High Court (Appellate and Special Powers Division) via Daim & Gamany law firm on Friday.

Mkini Dotcom has named the Government and Home Affairs Minister as the respondents.

It is seeking a declaration that the Anti-Fake News Act violates Article 5(1) and 10(1) of the Federal Constitution read with Article 8(1) of the Constitution.

It said fake news is defined in the Act as “any news, information, data and reports, which is or are wholly or partly false, whether in the form of features, visuals or audio recordings or in any other form capable of suggesting words or ideas”.

In an affidavit-in-support, Mkini Dotcom chief executive officer and director Premesh Chandran said the applicant is a company which owns and operates an online news portal known as Malaysiakini which now has 69 staff members.

He said the new law has acted to remove defence of reportage that is being used by the applicant.

The Anti-Fake News Act was passed in Parliament on April 2 and went into effect on April 11.


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