THE newly gazetted Emergency (Essential Powers) (No. 2) Ordinance 2021 on fake news is a short-term remedy to address false information on Covid-19 and the emergency proclamation, said Saifuddin Abdullah.

The communications and multimedia minister said the ordinance only focuses on fake news related to Covid-19 and the proclamation of emergency without any involvement of political elements.

“The ordinance is to expedite the process of enforcement, investigation and prosecution.  

“This is only for the duration of the emergency. It’s not going to be forever,” he said in a joint press conference with de facto law minister Takiyuddin Hassan.

Saifuddin also said Emergency (Essential Powers) Ordinance (No.2) can be repealed by Parliament when it convenes.

Takiyuddin said the ordinance clearly states it is to deal with false news on Covid-19 and the emergency declaration, adding that the maximum RM100,000 fine is only if one is convicted after a lengthy legal process.

Under the new law which came into effect today, individuals who create, publish or spread fake news on Covid-19 or the emergency will face a maximum RM100,000 fine, a jail term of up to three years or both.

“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, read.

“However, during this time Parliament can convene and repeal it. Agong can also end the emergency earlier,” Takiyuddin said.

Saifuddin also said the ordinance is not only limited to Malaysians and foreigners here but also those who are living abroad. 

“If it (fake news) is done overseas, it is the same as it is done here. Those who are overseas are also liable to this law.”

He added that the ordinance is a short-term remedy to reduce the spread of fake news regarding the emergency proclamation, which is in effect from January 11 to August 1.

Saifuddin said the ordinance will also expedite the process of enforcement, investigation and prosecution while procedures under the Criminal Procedure Code (Act 593) in court are maintained.

“In addition, this ordinance also provides a mechanism to the affected parties with the direction of enforcement agencies and court orders through sections 6 (3) and 8 (1).”

He also added that the ordinance shall not affect the powers of the court in criminal proceedings.

“This is where the admissibility of evidence presented in proceedings under this ordinance shall not interfere with or affect judicial power because the court still has to decide the case based on the value of the evidence presented in the proceedings.” – March 12, 2021.