THE new fake news ordinance which came into effect today is “too sweeping and works to scare the people”, said Khalid Samad.

“These laws carry a severe implication and are in contradiction to the constitution,” the former Federal Territories minister said.

“It must be debated in Parliament before being passed, but the emergency rule has given the government sweeping powers in passing laws without going through Parliament.

“Since there is no need to go through anyone, they can pass laws as and when they like.”

Khalid said this is one of the main reasons why the emergency rule, which came into effect on February 12 and will end on August 1, needs to end.

“The emergency rule needs to end so that Malaysia is not governed by an autocratic government with no check and balance and accountability,” Khalid said.

The Barisan Nasional (BN) era Anti-Fake News Act was scrapped by the Pakatan Harapan (PH) government in October 2019, a year after it came into power.

Pejuang lawyer Muhammad Rafique Rashid Ali agreed with Khalid and said the fake news ordinance is a “movement to silent dissent”.

He said this is an attempt to silence those who have been questioning the government’s decisions, especially those pertaining to the emergency.

“Legally, this new law will have a big implication on the rights to freedom of speech and expression which are guaranteed under the constitution.

“It should be contested in a court of law as it limits the people’s right to free speech,” he said.

Under the Emergency (Essential Powers) (No 2) Ordinance 2021, those who spread fake news “by any means, with intent to cause, or which is likely to cause fear or alarm to the public” could be fined up to RM100,000 or jailed up to three years, or both, if found guilty.

The law will apply to anyone, regardless of nationality as long as the fake news affects Malaysia or Malaysian citizens.

Fake news here has been defined as any news, information, data and report “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”.

The ordinance also gives the court power to order the removal of a publication if it is determined to be “fake news”, failing which the court may order the police or an authorised officer to do so.

The court may also order perpetrators to issue an apology, and failure to do so may result in an additional fine of up to RM50,000, a jail term of under a year, or both.

In the event of a continuing offence, perpetrators could face a further fine not exceeding RM1,000 for every day during which the offence continues after conviction. – March 12, 2021.