is often applied selectively and in a politically
motivated manner, and used to stifle freedom of
expression and criticism of the government. The
punishments prescribed by this legislation often
include fines and prison sentences.
OVERVIEW OF THE LEGISLATION
The laws used to combat information disorder in the
Asian region are quite varied. Some are relatively
recent, in part due to the ongoing Covid-19 crisis
and regulatory responses against the “infodemic.”
However, an increased enthusiasm among Asian
governments to fight “fake news,” including
through regulatory means, has been observed in
recent years (Tani 2018). As can be seen in Table 3,
however, other laws date back many decades.
Some of these, in countries that have experienced
colonization, were first enacted during colonial
times. It has been observed that British colonial-era
laws are still being used in parts of Asia to suppress
dissent (McLaughlin 2021).
Table 3 contains an overview of legislation in
Asia related to information disorder, indicating
the sections of each law that are relevant in
terms of definitions, offences, and punishments.
We searched for official English versions of the
legislation. In some cases, such as in countries
where English is not an official language, unofficial
English translations have been used. (Consult the
list of references at the end of this report for the
sources of legislation.) Where the text of directives
and legislation could not be found in English, we
relied on analyses, media reports, or scholarly
works. Where we do not specify the relevant
section, article, or chapter, it is because we were
not able to identify these in English versions of
the legislation. Sometimes the categories overlap:
for example, a law on electronic transactions could
also have provisions relating to defamation. In
Table 3 we have tried to categorize the legislation
according to the most appropriate category.
Details of legislation
Table 3:
Overview of the relevant
legislation in Asia
Country
Relevant sections/articles
Legislation related to “fake news” or falsehoods
Protection from Online Falsehoods and Manipulation Act (POFMA), 2019
Singapore
Sections 7, 20, 24
Anti-Fake News Act, No. 803 of 2018 (Repealed)
Malaysia
Section 4(1)
Bill on the Manipulation of Information (see Arapova 2020)
Kyrgyzstan
Amendments to Criminal and Administrative Codes (see CPJ 2020b; CPJ
2021)
Uzbekistan
Defamation, libel, or insult legislation
Penal Code, Act XLV of 1860
Bangladesh
Section 499
Penal Code of Malaysia, Act 574, February 1, 2018
Malaysia
Sections 499, 500, 501, 502, 503
Criminal Code of the Republic of Korea
South Korea
Articles 307(1), 307(2), 308, 309(1),
309(2), 311
Criminal Code of the Republic of China
Taiwan
Articles 309, 310, 312, 313
Revised Penal Code of the Philippines, 1930, Act No. 3815
Philippines
Chapter 1, Articles 355, 356, 357, 358,
359. Section 2, Article 360
Penal Code of Bhutan, 2004
Bhutan
Chapter 22: 317, 320, 319(a), 319(b)
Penal Code of India
India
499, 500, 501, 502
Penal Code of Japan, Act 45 of 1907
Japan
Articles 230(1), 230(2), 233
Criminal Code of Cambodia
Cambodia
Articles 305, 306, 307, 308
Criminal Code of Mongolia
Mongolia
Articles 111(1), 111(2), 111(3)
I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH
Asia – 2 1 9
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