118 Dictating the Internet: to freely express oneself, or impart and receive information “regardless of frontiers”.441 In its analysis of the AFNA, Article 19 highlighted that extraterritorial application could result in restriction of access of persons based within Malaysia to international sources of information, targeting of news organizations based abroad, and violate the rights to free expression and information of persons based outside of Malaysia.442 Oversight and redress and accountability mechanisms provided for under the Act were also limited. Section 7 of the AFNA provided the courts with broad powers to order the removal of any “fake news”. Failure to comply with such an order was then punishable under section 7(6) with a fine of up to RM 100,000 (approx. USD 24,252). The Act did not expressly provide that courts must give due consideration to the protection of the rights to free expression or information in such determination.443 Section 8 of the AFNA provided that persons affected by a section 7 removal order can appeal to set aside such an order within 14 days – this right to appeal however did not extend to any “publication containing fake news which is prejudicial or likely to public order or national security”.444 As was evident in earlier cases of misuse of the Sedition Act and CMA in Malaysia to censor information in the interests of “public order” or “national security”, the terms were again left undefined in the AFNA, and provisions were not included within the Act to ensure that limitations on free expression and information could only be applied when strictly necessary for a legitimate and aim and in a proportionate manner.445 In August 2018, the new Pakatan Harapan coalition government pushed a bill to repeal the AFNA through the lower house of the Parliament, which was, a month later, rejected by the opposition-dominated upper house.446 In April 2019, Prime Minister Dr Mahathir Mohamad promised that the government would repeal the AFNA, noting that it was “a law that 441 442 443 444 445 AFNA, section 3(2). Article 19 Analysis, p. 16. AFNA, section 7. AFNA, sections 8(1), 8(3). This was also noted by the UN Special Rapporteur on freedom of expression in his communication with the Malaysian government, which noted concerning provisions in the Sedition Act and CMA, amongst other laws restricting free expression, and urged the government to “take all necessary measures to ensure (the) repeal” of the AFNA, Communication No. MYS 6/2018 from UN Special Rapporteur on freedom of expression to the Government of Malaysia, 28 December 2018, Available at: https://spcommreports.ohchr.org/TMResultsBase/ DownLoadPublicCommunicationFile?gId=24287 446 Joseph Sipalan, Praveen Menon, ‘Malaysia opposition blocks repeal of ‘fake news’ law in challenge to Mahathir’, Reuters, 12 September 2018, Available at: https://www.reuters.com/article/usmalaysia-politics-fakenews/malaysia-opposition-blocks-repeal-of-fake-news-law-in-challenge-tomahathir-idUSKCN1LS0WO