Malaysia

‘Claiming govt sought emergency due to loss of support in Parliament is fake news under ordinance’

Those accused can appeal at high court, but this does not amount to stay of execution, says Datuk Seri Takiyuddin Hassan

Updated 5 years ago · Published on 12 Mar 2021 4:11PM

‘Claiming govt sought emergency due to loss of support in Parliament is fake news under ordinance’
Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Takiyuddin Hassan says the new ordinance on fake news is needed to deal with individuals intending to cause confusion among the people. – Bernama pic, March 12, 2021

PUTRAJAYA – In a move to clarify the newly gazetted Emergency (Essential Powers) (No. 2) Ordinance 2021 on fake news, two ministers said it is a short-term remedy to address false information on Covid-19 and the emergency proclamation.

At a press conference here today, Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Takiyuddin Hassan said, if an organisation or person is ordered by the authorities to remove the publication of certain information, they can appeal to the high court.

“However, it does not amount to a stay of execution of the order. The publication will still have to be taken down within 24 hours.”

He also gave an example that claiming the government sought an emergency declaration because it lost its majority in the Dewan Rakyat violates the fake news ordinance.

He said the new ordinance is crucial to deal with individuals intending to cause confusion among the people and disrupting public order by spreading false information.

“Under the federal constitution, the Agong has the power to promulgate a law, called an ordinance, on the advice of the cabinet.

“Section 2 of the ordinance defines fake news as firstly, any news, secondly, any information and thirdly, any data or report whether published fully or partially.”

In the same event, Communications and Multimedia Minister Datuk Saifuddin Abdullah said 270 fake news reports related to Covid-19 are being investigated as of today.

His ministry is investigating 56 cases related to fake news on Covid-19, while the police is handling 214 cases.

The two ministers said under the ordinance, authorities must prove intent to spread fake news before anyone is punished.

Under the emergency ordinance, any person or organisation found guilty of creating, publishing or disseminating fake news related to Covid-19 or the state of emergency with intent or likely to cause fear or alarm to the public could be liable to a fine, jail or both upon conviction.

Those found guilty of committing the offence could face a maximum penalty of a RM100,000 fine and/or three years’ jail.

The gazette defines fake news as “any news, information, data and report, which is or are wholly or partly false relating to Covid-19 or the proclamation of emergency, whether in the form of features, visuals or audio recordings or in any other form capable of suggesting words or ideas”. – The Vibes, March 12, 2021

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