Curtailing Free Expression, Opinion and Information Online in Southeast Asia
prevents people from airing their views” which “the government itself may
abuse… as happened with the last government… to make use of the law…
to create fake news in order to sustain itself.”447 In October 2019, the bill
to repeal the AFNA was brought before the Parliament a second time and
passed.448 The AFNA nonetheless remains a prime example of this new
generation of flawed legislation that could be utilized to suppress speech.
Singapore
In October 2019, the Protection from Online Falsehoods and
Manipulation Act (POFMA) came into effect in Singapore.449 The law
was adopted despite concerns highlighted by the ICJ and others, including
technological companies, media practitioners, journalists, lawyers, independent
publishers, arts organizations, academics, politicians and human rights
organizations that it could result in highly excessive government control and
restriction of information online in violation of the rights to free expression
and information.450
447 Bernama, ‘Government can handle fake news even without Anti-Fake News law – Mahathir’, Prime
Minister’s Office, 9 April 2019, Available at: https://www.pmo.gov.my/2019/04/government-canhandle-fake-news-even-without-anti-fake-news-law-mahathir/
448 For a bill that is retabled, repeal can be effected even if the upper house rejects it, as the upper
house can be bypassed under Article 68 of the Federal Constitution. Notably, in a report released
in November 2019, Freedom House noted that the change of government was a factor in recent
improvement in internet freedom in Malaysia, even as increased online harassment and criminal
prosecutions of online expression, particularly on social media, posed threats to gains. See
Freedom House, Freedom on the Net 2019: Malaysia, Available at: https://www.freedomonthenet.
org/country/malaysia/freedom-on-the-net/2019
449 Tham Yuen-C, ‘Singapore’s fake news law to come into effect Oct 2’, Straits Times, 1 October
2019, Available at: https://www.straitstimes.com/politics/fake-news-law-to-come-intoeffect-oct-2; It was brought into force with four subsidiary legislation supplements, detailing
selected exemptions for certain services provided by tech companies, including Baidu, Google,
Twitter, WeChat and Facebook, Available at: https://sso.agc.gov.sg/SL-Supp/S664-2019/
Published/20191001?DocDate=20191001; https://sso.agc.gov.sg/SL-Supp/S663-2019/
Published/20191001?DocDate=20191001; https://sso.agc.gov.sg/SL-Supp/S662-2019/
Published/20191001?DocDate=20191001; https://sso.agc.gov.sg/SL-Supp/S661-2019/
Published/20191001?DocDate=20191001.
450 ICJ, ‘Singapore: Parliament must reject internet regulation bill that threatens freedom of
expression’, 4 April 2019, Available at: https://www.icj.org/singapore-parliament-must-rejectinternet-regulation-bill-that-threatens-freedom-of-expression/; Thum Ping Tjin, Kirsten Han,
‘Singapore’s “Fake News” Bill: The FAQ’, New Naratif, 9 April 2019, Available at: https://
newnaratif.com/research/singapores-fake-news-bill-the-faq/; Asia Internet Coalition, ‘Statement
on the Singapore Protection from Online Falsehoods and Manipulation Bill’, 1 April 2019,
Available at: https://aicasia.org/2019/04/01/aic-statement-on-the-singapore-protection-fromonline-falsehoods-and-manipulation-bill-1-april-2019/; Yahoo News Singapore, ‘Singapore
media practitioners voice concerns over proposed fake news law’, 18 April 2019, Available at:
https://sg.news.yahoo.com/singapore-media-practitioners-voice-concerns-proposed-fake-newslaw-030735076.html; ‘Journalists Call for Withdrawal of Singapore’s “Fake News” Bill’, 24 April
2019, Available at: https://docs.google.com/document/d/16pVee1fGx9cU6qADARrgfTtcV60tVFpm46UGF1-j0o/edit; Harpreet Singh Nehal SC, ‘Strengthening the Online Falsehoods
Bill: Some Practical Suggestions’, April 2019, Available at: https://www.singaporelawwatch.
sg/Portals/0/1904-02%20Online%20Falsehoods%20Bill.pdf?fbclid=IwAR3_
mN8yJRpaYLnK38U2eWO78Z1qim7-1N6ahOlMxnM9KAKRfHeIMb4x6KY; ‘Joint statement regarding
the Protection from Online Falsehoods and Manipulation Bill’, Available at: https://docs.google.
com/document/d/1yNCUHvJBOkZG_WbNt1W_8BAxzHKIjIBK1EJbMLu9Rr8/edit?fbclid=IwAR0uND
0exPTHnzvgWiuxHhL75gccbUaCBU-7ZOA4IZSJ8EVMtwydsurxSIc#heading=h.gjdgxs; Adrian Lim,
‘NMPs suggest 4 amendments to fake news Bill, including having independent council to review
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