How does EO2 handle accidental sharing of false news?

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Emergency Ordinance 2 (EO2) Criminalises Accidental Sharing of False News

The Emergency (Essential Powers) (No. 2) Ordinance 2021, or EO2, creates an offence for individuals who inadvertently share false news, provided such sharing causes fear or alarm to the public. This approach significantly broadens the scope of penalties beyond those with malicious intent, potentially ensnaring individuals who share information with the aim of warning others. The ordinance focuses on the impact of the false news rather than distinguishing between intentional disinformation and unintentional misinformation.
EO2 Imposes Stricter Penalties Than Existing Laws

Under EO2, individuals found guilty of creating or sharing fake news face penalties of a fine up to RM100,000, imprisonment not exceeding three years, or both. These punishments represent a considerable increase compared to existing legal provisions such as Section 505(b) of the Penal Code, which carries a maximum of two years imprisonment and/or a fine, and Section 233 of the Communications and Multimedia Act 1998, with a maximum of one year imprisonment and/or a RM50,000 fine.
Ordinance Fails to Distinguish Between Misinformation and Disinformation

A key issue with EO2 is its focus on the impact of false news on the public, such as causing fear or alarm, rather than differentiating between misinformation and disinformation. Misinformation refers to the unintentional spread of false information, while disinformation involves deliberate intent to deceive. For instance, sharing a report of a Covid-19 case in a specific area, even with the intention to alert others, could be deemed a violation if it causes public alarm, irrespective of the sharer's intent.
Digital Literacy Challenges Exacerbate the Risk of Unintentional Violations

The effectiveness of deterrence theory, which underpins EO2's logic of higher punishments reducing crime, is questionable when dealing with individuals who share false news without awareness or intent. Many people share information they believe could be beneficial, without suspecting its falsity. Coupled with a general lack of digital literacy, placing the burden of verifying information on the public may unfairly penalise those who are innocently mistaken about the accuracy of what they share.
Complex Information Environment Contributes to Accidental Sharing

The online environment, particularly concerning Covid-19, is characterised by a mix of authoritative and inaccurate information, often without clear visual distinctions. This makes it challenging for individuals to discern factual content from false claims. In such a complex landscape, people can inadvertently consume and share information that is wholly or partly false, further complicating the application of EO2 to unintentional sharers.

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How does EO2 handle accidental sharing of false news?

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