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Critical Severity

Vague "Public Harm" Definitions Criminalize Protest

The provision criminalizes misinformation causing "public harm, violence, fear, unrest or public disturbance" with penalties up to 500 penalty units and 1 month imprisonment. However, the definitions are dangerously vague: "fear" includes "anxiety about the administration...of a public institution," "unrest" includes "widescale protests" and "agitation," and "public disturbance" includes "widespread anxiety about change in public policy." These definitions fail the rule of law requirement of legal certainty—speakers cannot reasonably predict what speech is criminal. More fundamentally, they criminalize core political speech: criticism that sparks lawful protests, creates concern about government management, or generates anxiety about policy changes. This violates international standards (ICCPR, ECHR) requiring criminal speech restrictions be narrowly defined and proportionate, creating severe chilling effects on democratic discourse and government accountability.