FEBRUARY 6 — The Centre for Independent Journalism and Kryss Network refers to the recent charging of an individual under the Penal Code, section 505(b), for making statements on Facebook in relation to the novel coronavirus. The section refers to the making of statements, rumours or reports with...
FEBRUARY 6 — The Centre for Independent Journalism and Kryss Network refers to the recent charging of an individual under the Penal Code, section 505, for making statements on Facebook in relation to the novel coronavirus. The section refers to the making of statements, rumours or reports with intent to cause or which is likely to cause, fear or alarm to the public whereby any person may be induced to commit an offence against the State or against public tranquility.
Prosecutions for criminal offences that may lead to penal sanctions should only be reserved for statements that have a real likelihood of endangering the public and causing public harm and disorder. Making a misleading or false statement, in and of itself, does not necessarily constitute an offence. The context and reach of the statement, the speaker’s intention and position in society, and the potential for the statement to cause real harm must be taken into account.
We stress that legal remedies are just part of the many tools that can be employed to counter disinformation and misleading statements. A holistic and proportionate response would include having efficient and broad channels of information from the government and media, accessible and reliable means for the public to verify information and use of reporting facilities within social media applications for misinformation to be removed.
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