THE new fake news ordinance, which came into effect today, grants the government sweeping powers to stifle fundamental freedoms and to silence the democratic right to dissent, said DAP secretary-general Lim Guan Eng.

He said the “disturbing” catch-all definition of fake news impinges on the constitutional right to freedom of expression and freedom of the press.

“This new fake news law could place at risk independent and impartial online news portals offering alternative views to the mainstream government media,” Lim said in a statement.

The Emergency (Essential Powers) (No 2) Ordinance 2021 defines fake news 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 should have been debated and passed in Parliament. Unfortunately, Parliament continues to be suspended even though the King had opined that the emergency proclamation does not preclude the convening of Parliamentary meetings,” he said.

Lim said emergency rule does not preclude Parliament from exercising legislative powers and government oversight, especially when businesses and schools in the country have all reopened.

“The Prime Minister stubbornly refuses to listen to the clear and unequivocal voice of the majority of MPs, from both opposition and government, that Parliament be reconvened immediately.”

The hard punishments that have been outlined in the ordinance, Lim said, will discourage whistle-blowers to expose malpractices and wrongdoings, including matters related to Covid-19 measures and the suspension of Parliament.

Under the ordinance, 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.

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.

The Bagan MP added that there was no need for a new ordinance as existing laws such as the Penal Code and the Communications and Multimedia Act were sufficient.

“There is no need to frighten the public with a new fake news law ordinance,” he 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.

“I am requesting an early PH presidential council to meet to discuss this distressing development that has further encroached on the declining democratic space in Malaysia.” – March 12, 2021.