Both want Parliament to be convened to debate it.
DAP secretary-general Lim Guan Eng said the newly gazetted fake news ordinance under the emergency powers had caused the country to sink to “Myanmar levels” in stifling dissent and crippling democracy.
The Bagan MP said the law also raised concerns over the freedom of the press and the public’s right to express themselves.
He cheekily asked if the law aimed at curbing Covid-19 fake news would be able to keep the virus at bay.
Those who create, publish or distribute fake news will face a fine of up to RM100,000, a jail term of up to three years or both under a new emergency ordinance published today.
The Emergency (Essential Powers) (No. 2) Ordinance 2021 defines “fake news” as news or information that “is or are wholly or partly false relating to Covid-19 or the proclamation of emergency”.
Those who pay for the creation of such fake news will face harsher punishment, with fines of up to RM500,000 or a jail term of six years or both.
“It is a sure-fire way to persecute political enemies or dissidents and frighten off people from making any negative comments about the government, especially on its efforts to curb Covid-19 and the suspension of Parliament.
“Malaysia should not achieve Myanmar levels of curtailing democracy. The fake news law should be reviewed and debated fully by the elected representatives of the people.
“Giving totalitarian powers to the government would go against the emergency proclamation which in spirit was to flatten the Covid-19 curve. After all, the virus would not distinguish whether you are with the government or not,” he told FMT.
He said the new law would also lead to news outlets and reporters exercising self-censorship.
“This needs a complete review. As the Yang di-Pertuan Agong had decreed, we need Parliament to convene again. While there should be action on those who deliberately spread fake news, this is against the spirit of the rule of law.”
Dangerous law
Meanwhile, Bukit Gelugor MP Ramkarpal Singh said the new law was so regressive that a statement could be extracted against a person under “threat or torture”, under Section 10 of the ordinance.
He said the present Evidence Act 1950, which the new ordinance overpowers, protected against the extraction of statements from a person under force.
“Now involuntarily obtained statements or those made under duress and stress can be used against you in court . It sets a very dangerous precedent,” he said when contacted.
Ramkarpal said Parliament should be convened so that the law could be debated.
He said another concern was the requirement that defence must be filed before a case was heard in court, which, he noted, was against criminal law norms where the defence comes after the prosecution.
“Someone innocent may post something and may not be aware that the news they shared was not true. Then if the government considers it to be fake, they will decide it in court.
“It is a striking picture here and something very dangerous, in fact, to allow authorities to extract information from people and use it against them,” he said.
Under the law, the courts may order those convicted of an offence to apologise to those affected by their actions. Failure to do so may result in another fine of up to RM50,000, a jail term of under a year, or both.
The law applies to all media forms “capable of suggesting words or ideas,” such as news features, videos and audio material.
Meanwhile, PKR’s William Leong said the new law had turned the present government into an “authoritarian regime” which was trying to curb free speech.
The Selayang MP said the heavy punishments meted out would cause people to keep silent and create more uncertainty due to the lack of information, especially on vaccine-related matters.
“What the people need is full and complete information on the vaccines. The EO will cause more harm than good.”
Petaling Jaya MP Maria Chin Abdullah, also from PKR, called the ordinance a “backdoor” for bringing back the abolished Fake News Act 2018 with even more “draconian” additions.
“It is not only just published news but applications that contain the fake news that will also be implicated. Why does this government keep snuffing out those advocating human rights and pushing for democracy.
“The amendments are tantamount to silencing writers, journalists, bloggers, human rights activists, commentators, and opposition politicians.”
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