When Should a False Claim Become a Crime?

Introduction

Brunei’s approach to false claims sits at the intersection of public order, digital misinformation and freedom of expression. Unlike countries that have adopted dedicated “fake news” statutes, Brunei relies largely on existing provisions in the Public Order Act, official corrections and, more recently, public fact-checking initiatives. The central question is not whether false information can cause harm—it plainly can during health emergencies, scam campaigns or public-safety incidents—but when a false claim should become a criminal matter rather than a mistake, rumour or disputed interpretation. The answer has become increasingly important as misleading messages circulate rapidly through social media, messaging apps and manipulated screenshots that imitate official announcements.[Attorney General's Chamber Brunei]agc.gov.bnAttorney General's Chamber Bruneilaws of brunei chapter 148 public orderFalse reports and public mischief. 34. Dissemination of false report. 35. Public mischief. Abetment and failure to report…Read more…

For a country whose most visible modern encounters with deception involve rumours, scams and fabricated online notices rather than famous historical hoaxes, the debate is less about spectacular frauds and more about how authorities distinguish harmful falsehoods from ordinary error. The evolution from prosecution alone towards verification platforms such as Waspada.bn reveals an important shift in Brunei’s response to contested truth.[The Scoop]thescoop.coThe Scoop AITI launches fact-checking platform to curb misinformationThe ScoopAITI launches fact-checking platform to curb misinformation…June 5, 2025 — 5 Jun 2025 — Brunei's internet regulator has launc…Published: June 5, 2025

What Section 34 Targets

The legal centrepiece of Brunei’s response is Section 34 of the Public Order Act, which falls under a section of the law dealing with “false reports and public mischief”. The provision addresses the dissemination of false reports or statements likely to create public alarm, anxiety or disruption. Official guidance and public warnings routinely cite the possibility of fines and imprisonment for those who knowingly spread such information.[agc.gov.bn]agc.gov.bnAttorney General's Chamber Bruneilaws of brunei chapter 148 public orderFalse reports and public mischief. 34. Dissemination of false report. 35. Public mischief. Abetment and failure to report…Read more…

The rationale is straightforward. False reports about disease outbreaks, public emergencies, criminal incidents or government actions can trigger panic, damage reputations or divert official resources. In a relatively small and closely connected society, a viral message claiming police action, a health threat or an official directive may spread quickly and influence behaviour before authorities have time to respond.[borneobulletin.com.bn]borneobulletin.com.bnspreading false news is serious offence says information deptSpreading false news is serious offence, says Information…5 Aug 2022 — Those spreading false information can be charged under Section…

Yet the practical challenge lies in defining the boundary between:

These distinctions matter because misinformation rarely appears in a pure form. A message may contain a genuine photograph, a real document or a partially accurate event while drawing misleading conclusions from it. Criminal law is often most effective against intentional deception but becomes more controversial when applied to ambiguous or evolving information.[Rune]rune.une.edu.auRune'FAKE NEWS' IN ASEAN: LEGISLATIVE RESPONSESJanuary 26, 2022 — by RB Smith · 2021 · Cited by 26 — There are two offences: (a) Spreadin…Published: January 26, 2022

Prosecution, Correction and Proportionality

The tension between public protection and free expression becomes most visible in enforcement cases. During the COVID-19 period, authorities pursued action against some individuals accused of spreading false information. One widely reported case involved allegations that false claims had been made regarding quarantine-order violations and police activity. Charges were reportedly brought under Section 34 of the Public Order Act, illustrating the government’s willingness to treat certain misinformation as a public-order issue rather than merely a communications problem.[Civicus Monitor]monitor.civicus.orgCivicus MonitorWoman charged for false statement on COVID-19 as…27 Sept 2022 — Hajah Faizah binti Haji Abdul Gapar was charged under S…

Supporters of such enforcement argue that false alarms can produce tangible harm. During a health crisis, inaccurate reports about infections, lockdowns or official actions may influence thousands of people within hours. In that view, deterrence serves a protective function, especially when rumours appear designed to mislead or provoke fear.[Civicus Monitor]monitor.civicus.orgCivicus MonitorWoman charged for false statement on COVID-19 as…27 Sept 2022 — Hajah Faizah binti Haji Abdul Gapar was charged under S…

Critics, however, point to a recurring problem seen across Southeast Asia and beyond: laws aimed at combating false information can be drafted broadly enough that uncertainty emerges over what counts as a punishable falsehood. Legal scholars and free-expression advocates have frequently warned that anti-false-information measures may discourage legitimate criticism, investigative reporting or public debate if people fear legal consequences for sharing information later judged inaccurate.[verfassungsblog.de]verfassungsblog.deOpen source on verfassungsblog.de.

The proportionality question therefore becomes crucial. A forged government notice created to deceive is different from an ordinary citizen forwarding an alarming message believed to be genuine. Likewise, a malicious scam promotion differs from a mistaken interpretation of an unfolding event. The more severe the potential penalty, the more important these distinctions become.

Why Fact-Checking Became Part of the Solution

A purely punitive approach has obvious limits. Authorities can prosecute some cases, but prosecutions occur after misinformation has already circulated. The practical challenge is reducing the spread of false claims before they become widely accepted.

This is the context in which Brunei launched Waspada.bn, a public fact-checking initiative designed to verify circulating claims and provide authoritative clarification. Announced in 2025 by the Authority for Info-communications Technology Industry (AITI), the platform was presented as a way for citizens to check information shared through social media and messaging channels. Officials described it as part of a broader effort to improve public resilience against misinformation, scams and fabricated news.[thescoop.co]thescoop.coThe Scoop AITI launches fact-checking platform to curb misinformationThe ScoopAITI launches fact-checking platform to curb misinformation…June 5, 2025 — 5 Jun 2025 — Brunei's internet regulator has launc…Published: June 5, 2025

The significance of the platform extends beyond individual rumours. It represents a different governance model:

This shift recognises a basic reality of modern misinformation. False claims often spread faster than official investigations. The most effective response may therefore be rapid clarification rather than waiting for a criminal case to unfold.

Waspada.bn and the Shift Towards Public Verification

The emergence of Waspada.bn also reflects a broader change in how governments address online deception. Earlier responses frequently focused on identifying offenders and imposing penalties. Newer approaches increasingly combine enforcement with public participation in verification.[The Scoop]thescoop.coThe Scoop AITI launches fact-checking platform to curb misinformationThe ScoopAITI launches fact-checking platform to curb misinformation…June 5, 2025 — 5 Jun 2025 — Brunei's internet regulator has launc…Published: June 5, 2025

For readers interested in the history of hoaxes and misinformation, this is an important development. Traditional hoax exposures relied on journalists, scientists, investigators or sceptics uncovering evidence after a false story had spread. Modern fact-checking systems attempt to shorten that timeline by publishing corrections while the claim is still circulating.

In Brunei’s case, the platform’s purpose is not only to debunk individual rumours but also to encourage a habit of checking before sharing. That matters because many contemporary falsehoods do not originate as elaborate conspiracies. They begin as screenshots, edited notices, impersonation scams or misinterpreted messages that gain credibility through repetition.[waspada.bn]waspada.bnBrunei's Trusted Fact-Checking PlatformWaspada.bn is Brunei's trusted fact-checking platform dedicated to identifying misinformation, cla…

The approach does not eliminate debate over free speech. Official fact-checking can itself raise questions about independence, transparency and public trust. Nevertheless, it offers a less coercive mechanism than criminal prosecution and provides an intermediate option between doing nothing and bringing charges.

When Should a False Claim Become a Crime?

Brunei’s experience highlights a question faced by many countries confronting digital misinformation: not every false statement is equally harmful, and not every error should attract criminal sanctions.

A workable distinction often rests on several factors:

The challenge is maintaining room for honest mistakes, public discussion and criticism while still responding to deliberate deception. Brunei’s current framework combines legal sanctions for serious false reports with an increasing emphasis on verification and public education. That combination reflects an implicit recognition that misinformation is not only a law-enforcement problem. It is also an information problem.

Within Brunei’s wider story of rumours, scams and contested claims, the debate over Section 34 and the rise of Waspada.bn reveal a broader lesson: the hardest part of fighting falsehoods is not identifying obvious fabrications. It is deciding where error ends, deception begins and criminal responsibility should start.[agc.gov.bn]agc.gov.bnAttorney General's Chamber Bruneilaws of brunei chapter 148 public orderFalse reports and public mischief. 34. Dissemination of false report. 35. Public mischief. Abetment and failure to report…Read more…

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Further Reading

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Calling Bullshit

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Focuses on evaluating questionable claims.

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Addresses harms caused by false reports and rumors.

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The Death of Truth

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Browse more on Amazon:Calling BullshitThe Constitution of KnowledgeThe Misinformation Age

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Endnotes

1. Source: agc.gov.bn
Title: Attorney General’s Chamber Bruneilaws of brunei chapter 148 public order
Link:https://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap148.pdf

2. Source: waspada.bn
Link:https://waspada.bn/

3. Source: rtbnews.rtb.gov.bn
Title: Latest News
Link:https://www.rtbnews.rtb.gov.bn/Lists/News%202018/DispForm.aspx?ContentTypeId=0x010009BBE23B3840184D80AE8D8DEA617660&ID=47210

4. Source: borneobulletin.com.bn
Title: spreading false news is serious offence says information dept
Link:https://borneobulletin.com.bn/spreading-false-news-is-serious-offence-says-information-dept/

5. Source: monitor.civicus.org
Link:https://monitor.civicus.org/explore/woman-charged-false-statement-covid-19-brunei-maintains-harsh-restrictions-freedoms/

6. Source: verfassungsblog.de
Link:https://verfassungsblog.de/abstract-panic-on-fake-news-fear-and-freedom-in-southeast-asia/

7. Source: mtic.gov.bn
Title: Transport and Infocommunications Speeches
Link:https://www.mtic.gov.bn/Lists/Speeches/NewDispItem.aspx?ID=237

8. Source: borneobulletin.com.bn
Link:https://borneobulletin.com.bn/fact-checking-platform-set-to-strengthen-nations-response-against-fake-news-digital-scams/

9. Source: aiti.gov.bn
Link:https://www.aiti.gov.bn/regulatory/content-regulation/

10. Source: aiti.gov.bn
Link:https://www.aiti.gov.bn/regulatory/enforcement/

11. Source: rtbnews.rtb.gov.bn
Title: rtb.gov.bn Latest News
Link:https://www.rtbnews.rtb.gov.bn/Lists/News%202018/DispForm.aspx?ContentTypeId=0x010009BBE23B3840184D80AE8D8DEA617660&ID=43848

12. Source: bdcb.gov.bn
Link:https://www.bdcb.gov.bn/publications/details?id=01k793xd6ytdsngf0mz1c4shwh

13. Source: verfassungsblog.de
Title: malaysia fake news
Link:https://verfassungsblog.de/malaysia-fake-news/

14. Source: agc.gov.bn
Title: PUBLI C ORDER ACT
Link:https://www.agc.gov.bn/AGC%20Site%20Pages/PUBLIC%20ORDER%20ACT.aspx

15. Source: agc.gov.bn
Title: Attorney General’s Chambers
Link:https://www.agc.gov.bn/AGC%20Site%20Pages/The%20Laws%20of%20Brunei%20-%20P.aspx

16. Source: thescoop.co
Title: The Scoop AITI launches fact-checking platform to curb misinformation
Link:https://thescoop.co/2025/06/05/aiti-launches-fact-checking-platform-to-curb-misinformation-fake-news/

Published: June 5, 2025

17. Source: rune.une.edu.au
Link:https://rune.une.edu.au/server/api/core/bitstreams/df58ff6f-b130-4a1b-95e8-a0e8418bfe81/content

Published: January 26, 2022

18. Source: mediadefence.org
Link:https://www.mediadefence.org/ereader/publications/introductory-modules-on-digital-rights-and-freedom-of-expression-online/module-8-false-news-misinformation-and-propaganda/what-is-false-news/

19. Source: english.news.cn
Link:https://english.news.cn/asiapacific/20250605/ca4784ca4957469fa19585404e7b0a96/c.html

Additional References

20. Source: youtube.com
Link:https://www.youtube.com/watch?v=4BfxgyIHZLc

21. Source: youtube.com
Title: Misinformation law will have a ‘chilling effect’ on free speech
Link:https://www.youtube.com/watch?v=6bFeHmuuunA

22. Source: youtube.com
Title: Could new Indian law on fake online news affect media freedom? | Inside Story
Link:https://www.youtube.com/watch?v=8OsIJ1XzzWo

23. Source: youtube.com
Title: How false news can spread
Link:https://www.youtube.com/watch?v=cSKGa_7XJkg

24. Source: youtube.com
Title: What Is The Legal Balance Between Free Speech And Online Misinformation?
Link:https://www.youtube.com/watch?v=ajKE9Jn_DqI

25. Source: reddit.com
Link:https://www.reddit.com/r/nasikatok/comments/1l5zy05/aiti_factchecking_platform_waspadabn_now_only_on/

26. Source: icj.org
Link:https://www.icj.org/brunei-sultan-must-allow-debate-on-new-penal-code/

27. Source: facebook.com
Link:https://www.facebook.com/EmiratesNews/posts/dubai-police-issued-warning-against-sharing-rumors-false-information-or-any-cont/954574417227711/

28. Source: cyrilla.org
Link:https://cyrilla.org/ar/entity/htbg01ijbe/metadata?file=1597410882266gun4ohz17tg.pdf&page=12&raw=true&searchTerm=telegraph+act

29. Source: cyrilla.org
Link:https://cyrilla.org/ar/entity/htbg01ijbe/toc?file=1597410882266gun4ohz17tg.pdf&page=14&raw=true&searchTerm=telegraph+act