Malaysia Government Uses Emergency Powers To Enforce Anti-Fake News Law

OVERVIEW 

The Pakatan Nasional government in Malaysia implemented the Emergency (Essential Powers) (No. 2) Ordinance 2021 on March 11. It came into effect on Friday. It was enacted through an executive authority by the current Prime Minister Muhyiddin Yassin, which does not require any Parliamentary procedures.

It prescribes a fine of RM 100,000 ($24,342), or an imprisonment of three years, or both, for the publication and distribution of alleged “fake news” regarding COVID-19 or the country’s emergency proclamation. If the case of continuous offence, such offender may be fined up to RM 100,000 per day till the offence continues. Institutions that act as financial backers to information outlets intending to commit or facilitate fake news publication can be fined up to RM500,000, six years jail, or both.

If they fail to apologise after being ordered to do so by the court, they can be fined an additional RM50,000, and those who pay to “create” such news can be fined up to RM500,000.

Representatives of companies such as CEOs, directors, and managers can also be vicariously liable if their employees are charged. The ordinance also has an extra-terrestrial power and jurisdiction for authorities to prosecute overseas individuals.

According to the gazette, for the purposes of this ordinance, “fake news” includes 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.

Such law has been brought into effect in order to curtail the misinformation regarding the world-wide pandemic outbreak, due to the Covid19 virus. 

DETAILS 

On the 12th of January 2021, the Prime Minister of Malaysia announced that His Majesty the Yang di-Pertuan Agong ('YDPA') had exercised his powers under Clause (1) of Article 150 of the Federal Constitution to issue a Proclamation of Emergency ('Proclamation') throughout Malaysia from the 11th of January, 2021 to 1st August, 2021.

Such law is said to be a de facto update on the Communications and Multimedia Act, 1998, according to the Malaysian Government.

Such an emergency was proclaimed as the YDPA was satisfied that a grave emergency exists whereby the security, economic life and public order in Malaysia was being threatened by reason of the Covid-19 epidemic.

Anyone who claims to have been affected by “fake news”, can apply to a court for an order to remove such content. No notice is required to be served to those who created or published such material. Notice of such order by the court may be served electronically, including by sending it to a person’s social media account or electronic mail.

 Failure to remove the material within the time specified in the order can result in a criminal fine of Rs. 100,000 (RM $24,000). Any aggrieved party by such order can appeal the order after complying with it, but, again, no appeal is permissible when the order was obtained by the Malaysian government, which is related to “fake news that is prejudicial or likely to be prejudicial to public order or national security.”

CRITICISMS 

In other news, The International Federation of Journalists (IFJ) has turned to the Malaysian government so that they repeal the new emergency law that criminalises ‘fake news’ related to COVID-19, saying it provides an open scope for prosecution with no clear definition of what constitutes “fake news”.

“Media advocacy groups and unions expressed immediate concerns over the ordinance which provides an open scope for prosecution with no clear definition of “fake news”. Of critical note is the fact that the ordinance was drafted by the ruling party using so-called “emergency powers” and not by elected parliamentarians, with Malaysia’s parliament currently suspended due to Covid-19 crisis in the country,” the body said in a press release.

The National Union of Journalists Peninsular Malaysia (NUJM) said that it should be a media council and not government that should be charged with the responsibility of tackling fake news and criminalizing journalists.

Malaysian Bar Council President Salim Bashir voiced concerns with regard to the fact that the Act permits police officers extensive powers to obtain evidence. He further opined that several aspects of the ordinance would undermine natural justice and defendants’ ability to have a fair trial.

Senior Fellow at the Singaporean Institute of International affairs, Dr. Oh Ei Sun was concerned over the ambiguity of the definition of fake news within the ordinance.

WHAT IS YOUR OPINION REGARDING THE EMERGENCY (ESSENTIAL POWERS 2.0) ORDINANCE, 2021? DO YOU THINK THE FREEDOM OF PRESS IS BEING CURTAILED BY THE SAID LAW? LET US KNOW IN THE COMMENTS BELOW!