Researcher Suggests Alternative to Criminalization to Curb Fake News

September 10, 2021

Let us stop treating purveyors of fake news like criminals and instead create an atmosphere where misinformation cannot thrive. That is the idea behind one academic’s proposal, The Register explains in, “Online Disinformation Is an Industry that Needs Regulation, Says Boffin.” (Boffin is British for “scientist or technical expert.”) Dr. Ross Tapsell, director of the Australian National University’s Malaysia Institute, looked at Malaysia’s efforts to address online misinformation by criminalizing its spread. That approach has not gone so well for that nation, one in which much of its civil discourse occurs online. Reporter Laura Dobberstein writes:

“In 2018, Malaysia introduced an anti-fake news bill, the first of its kind in the world. According to the law, those publishing or circulating misleading information could spend up to six years in prison. The law put online service providers on the hook for third-party content and anyone could make an accusation. This is problematic as fake news is often not concrete or definable, existing in an ever-changing grey area. Any fake news regulation brings a whole host of freedom of speech issues with it and raises questions as to how the law might be used nefariously – for example to silence political opponents. … The law was repealed in 2019 after becoming seen as an instrument to suppress political opponents rather than protecting Malaysians from harmful information.”

Earlier this year, though, lawmakers reversed course again in the face of COVID—wielding fines of up to RM100,000 ($23,800 US) and the threat of prison for those who spread false information about the disease. Tapsell urges them to consider an alternate approach. He writes:

“Rather than adopting the common narrative of social media ‘weaponisation’, I will argue that the challenges of a contemporary ‘infodemic’ are part of a growing digital media industry and rapidly shifting information society” that is best addressed “through creating and developing a robust, critical and trustworthy digital media landscape.”

Nice idea. Tapsell points to watchdog agencies, which have already taken over digital campaigns during Malaysian elections, as one way to create this shift. His main push, though, seems to be for big tech companies like Facebook and Twitter to take action. For example, they can publicly call out purveyors of false info. After all, it is harder to retaliate against them than against local researchers and journalists, the researcher notes. He recognizes social media companies have made some efforts to halt coordinated disinformation campaigns and to make them less profitable, but insists there is more they can do. What, specifically, is unclear. We wonder—does Tapsell really mean to leave it to Big Tech to determine which news is real and which is fake? We are not sure that is the best plan.

Cynthia Murrell, September 10, 2021

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