INDIVIDUALS who create, publish or spread fake news on Covid-19 or emergency will face a maximum RM100,000 fine, a jail term of up to three years or both, according to a Federal Gazette.

The penalties, under the new Emergency (Essential Powers) (No. 2) Ordinance 2021, are effective from tomorrow.

“Any person who, by any means, with intent to cause, or which is likely to cause fear or alarm to the public, or to any section of the public, creates, offers, publishes, prints, distributes, circulates or disseminates any fake news or publication containing fake news commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

“And in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for every day during which the offence continues after conviction,” the gazette, dated today, read.

The gazette stated that fake news covers any news, information, data and reports, which is or are 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.

Harsher punishment awaits those who pay for the creation of such fake news – a maximum RM500,000 fine, a six-year jail term or both.

The gazette further dictated that the courts may order those convicted to apologise to those affected by their actions, failing which another fine of up to RM50,000 may be imposed, a jail term of below one year, or both.

In addition, the ordinance also indemnifies the federal government or any authorised personnel from suits and legal proceedings under Section 27 in enforcing its provisions.

“No action, suit, prosecution or any other proceeding shall lie or be brought, instituted or maintained in any court against the Government of Malaysia, or any police officer or authorised officer, in respect of any act, neglect or default done or omitted by it or him in good faith, in carrying out the provision of this Ordinance,” it said. – March 11, 2021.