Opinion

Latest fake news law violates right to fair trial – Proham

Previously done-away draconian act may be revived through Emergency (Essential Powers) (No. 2) Ordinance 2021, which isn’t even tabled in Parliament

Updated 5 years ago · Published on 14 Mar 2021 5:00PM

Latest fake news law violates right to fair trial – Proham
The definition of fake news under the new emergency ordinance is too broad and not clearly spelled out, which may violate the basic human rights guaranteed under the federal constitution. – File pic, March 14, 2021

THE Society for Promotion of Human Rights (Proham) calls on the government to repeal the new Emergency (Essential Powers) (No. 2) Ordinance 2021, which looks to be a revival of the draconian anti-fake news act that was done away by Parliament in December 2019.

This new law carries a very high fine of up to RM100,000 and a jail term of up to three years.

Furthermore, its definition of “fake news” is too broad and not clearly spelled out, which may violate the basic human rights guaranteed under the federal constitution.

Proham is of the view that fake news can be combated with other solutions, such as by providing the truth and educating the public instead of passing an emergency ordinance to curb the freedom of speech and expression as enshrined in the federal constitution.

Moreover, there are sufficient provisions of the law, namely the Communications and Multimedia Act 1998, which can be used to address misinformation, hence, rendering this new emergency ordinance unnecessary.

Further, the said ordinance gives excessive powers to the authorities and departs from the ordinary laws of evidence, which is concerning as it violates the right to a fair trial.

Lastly, Proham is disturbed that this ordinance has not even been tabled in Parliament, and calls on the government to call for the sitting of Parliament despite the emergency declaration. – The Vibes, March 14, 2021

Issued on behalf of Proham by Datuk Kuthubul Zaman Bukhari (executive councillor, and former chair), Tan Sri Michael Yeoh (chair), Datuk Denison Jayasooria (deputy chair) and Khoo Ying Hooi (secretary-general)

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