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'Fake News' in ASEAN: Legislative Responses
[journal article]
Abstract The research is a legal review based on the documentary research concept by comparing the development of legislative responses to fake news spread in Southeast Asia. Anti-fake news legislation focuses on the transmission of information by electronic means than print media. The analysis is carried ou... view more
The research is a legal review based on the documentary research concept by comparing the development of legislative responses to fake news spread in Southeast Asia. Anti-fake news legislation focuses on the transmission of information by electronic means than print media. The analysis is carried out for each of the member states by including a clause-by-clause examination of the legislation and subsequent cases addressing legal issues associated with the laws. Several common factors should be addressed to provide a fairer and more transparent approach, including developing a clear-cut definition of fake news. Two key elements should be met in the definition of spreading of fake news: it should be the intentional spreading of misinformation or disinformation by design. The research suggests it would be better to develop anti-fake news legislation as either a standalone statute or a specific amendment to existing legislation than include fake news in omnibus legislation. Except in the most serious cases, creating, publishing, or distributing fake news illegality should be reduced from a criminal offence to an administrative offence, where the police issue a fine. Given the documented publishing and spreading of disinformation by state actors, their servants and agents, there should be an explicit "fake news" offence associated with the action of such persons.... view less
Keywords
facebook; social media; disinformation; false report; legislation; Southeast Asia; ASEAN
Classification
Interactive, electronic Media
Media Politics, Information Politics, Media Law
Free Keywords
defamation; fake news; hate speech; hoax news; misinformation
Document language
English
Publication Year
2021
Page/Pages
p. 117-137
Journal
Journal of ASEAN Studies, 9 (2021) 2
ISSN
2338-1353
Status
Published Version; peer reviewed