NEWS
Government Passes Ordinance On Fake News; Malaysians Are Concerned
Declaration of emergency means that the government can pass ordinance withought going through the parliament, making a law easier to be implemented.
The Federal Government has gazetted a new ordinance that seeks to criminalise "fake news" relating to COVID-19 and the Emergency proclamation, which is already in effect.
If you're one of the people who forwards WhatsApp messages without checking the facts, beware; as you can be fined up to RM100,000, jailed three years, or both.
According to the new ordinance, a person who spreads fake news "by any means, with intent to cause, or which is likely to cause fear or alarm to the public" can be charged in court. The ordinance defines "fake news" as statement "which is wholly or partly false relating to COVID-19 or the proclamation of emergency, whether in the forms of features, visuals or audio recordings or in any other form capable of suggesting words or ideas".
Individuals aren't the only ones affected by the new ordinance. According to Emergency (Essential Powers) (No 2) Ordinance 2021, publications found to have published 'fake news" will be asked to remove it or the authorities will do it for them.
The company that published the "fake news" will also be asked to issue an apology and if it fails to do so, face a fine of up to RM50,000, a jail term of under a year or both.
Those who "paid" to spread such news can be fined up to RM500,000, jailed up to six years or both.
That's not all, repeat offenders face a fine of RM1,000 per day if they continue to commit the offence. 
The civil society and public are concerned with the passing of the ordinance, considering that the new law did not have to go through parliament and the country's history of misusing such laws.
Malaysians are concerned
The civil society and public are concerned with the passing of the ordinance, considering that the new law did not have to go through parliament and the country's history of misusing such laws. Bar Council Malaysia said that the power the government has given itself to clamp down on such news is disturbing, Free Malaysia Today reported.
The council's president Salim Bashir told the news portal that the “imprecise definition” of the ordinance was worrisome.
He also said that the main concern is that the ordinance goes against justice and fair trial.
Salim pointed out that Section 10 of the law would mean the Evidence Act would not apply and Section 12 would mean statements made by an accused can to be used against them in a court of law.
"As an example, if you go to the police station and make a statement, that can be used against you as evidence. It does not provide any room for challenges," he said. "Meanwhile, Section 15, regarding admissibility of documentary evidence, means that if an authorised officer comes to your house and simply takes your documents to be used as evidence, you cannot question the manner in which they obtain it, and whether it was done illegally.
"Section 24 is disturbing too. It’s a replica of the MACC provision (Section 62 of the MACC Act), and its highly objectionable as it mandates the accused to put forward a statement of defence before trial.
"This might have an effect of depriving the accused of his right to put in his defence during trial, and not to disclose it anytime before trial starts, as any other ordinary trial," he told FMT.
Sounds like the government has given the kind of power that could hinder fair trail.
Centre for Independent Journalism (CIJ) also released a statement on the matter, saying that it was "shocked" and "appaled" by the extreme punitive measures taken by the government."Without the necessary parliamentary checks and balances, the unfettered powers given to the current administration under the Emergency Proclamation and the Emergency (Essential Powers) (No. 2) Ordinance 2021, which comes into operation tomorrow, 12 March 2021, foretells the continued attempts by this government to use any means possible to undermine our fundamental rights and freedoms," CIJ stated.
It also raised concerns over "the opportunistic nature of the current government, under the guise of an emergency, to re-introduce specific elements of the Anti-Fake News Act 2018, which was repealed by the previous Pakatan Harapan (PH) government.
Gerakan Media Merdeka (Geramm) also raised similar concerns and said that the vague definition of "fake news" opens up possibilities of abuse.
"The gazetting of this law also appears to be controversial, taking into account dispute over the need to declare an emergency in times of uncertainties surrounding majority status of the ruling government.
"Geramm therefore calls for all the laws as gazetted under the Emergency (Essential Powers) (No. 2) Ordinance 2021 dated March 11, which takes effect tomorrow, to not be used as a tool to silence, pressure or bully parties with an opposing view.
"The situation also poses an added difficulty for media to carry out a check and balance function, if the law is abused to protect certain parties.
"We reiterate our stand as previously declared in our call against the repealed Anti-Fake News Act 2018, to fight fake news with facts, not Acts.
"Among others, we have consistently supported any form of fact checking initiatives, particularly in the current times the pandemic which have seen confusion that arises from sharing of inaccurate information," Geramm said.
Malaysians voice out
Regular Malaysians are equally concerned about the new law.It should be challenged in court . This offer to compound is defective .— Samantha chong (@Samantha__chong) March 12, 2021
Apa definisi "berita palsu" menurut pemerintah?Pada tahun 2016 aku didakwa dan dibicarakan di mahkamah atas kesalahan memulakan "penghantaran komunikasi yang palsu sifatnya". Cuba lihat gambar apa yang mereka anggap komunikasi yang palsu. pic.twitter.com/gKgE9Zj8Al— Fahmi Reza (@kuasasiswa) March 12, 2021
The Gov has issued an Emergency Ordinance to criminalise "fake news".This is why the Emergency has KILLED democracy in Msia.Parliament SPECIFICALLY REPEALED d Anti-Fake News Act in 2019.Now, this backdoor Gov, WITHOUT going through Parliament, revived the same law! pic.twitter.com/GooeniaIBC— Lim Wei Jiet ?? (@limweijiet) March 11, 2021
RM100k fine? Wtf is this? Does this apply to govt officials who state inaccuracies about Covid too? Who determines what's "fake"? The State isn't always interested in the truth.If govt disagrees with anything, they always have the right of reply. https://t.co/sgO4P2mk0F— Boo Su-Lyn (@boosulyn) March 11, 2021
We need to protest.There, I said it for you mfs so you don't have to. Let's stop acting like our democracy isn't dead. Change doesn't happen with just big brain Twitter hashtags or smart ass commentary. It needs courage and we could use some rn. https://t.co/3i3ofLk7WR— Goh Cia Yee ? (@gohciayee) March 11, 2021
What do you guys think? Are you as worried about the happenings in the country?Just a matter of time. Putrajaya has gazetted an ordinance to combat "fake news" relating to Covid-19 or the emergency proclamation. Reality is it grants the government sweeping powers to not only clamp down on press freedom but scare whistleblowers.https://t.co/Fchf7USipn pic.twitter.com/Xjm0X3uFGu— emmanuelsamarathisa (@esshimself) March 11, 2021
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