Chilling Effect and Fake News Laws: Lessons from East and Southeast Asia

So-called “fake news laws” refer to legislation that criminalises or restricts the dissemination of false or misleading information likely to cause public harm, particularly online. While often justified as necessary to combat disinformation, such laws risk enabling governments to dominate public discourse and suppress dissent. Although widely criticised for their chilling effect on freedom of expression, there is no consistent framework for assessing this impact across legal systems, especially beyond the Western context. This study introduces the Chilling Effect Ranking (CER), a structured analytical tool grounded in legal scholarship and international human rights standards. Applying CER to seven East and Southeast Asian jurisdictions — China, Hong Kong, Taiwan, Singapore, Malaysia, Japan and South Korea — the paper identifies significant variation in the severity of chilling effects, ranging from high (e.g. Singapore, China) to moderate (e.g. Taiwan, Japan). The findings suggest that these effects stem not from the mere existence of such laws, but from flaws in their legal design. The CER offers practical guidance for policymakers aiming to regulate harmful content without eroding fundamental rights.