KUCHING: The Centre for Independent Journalism (CIJ) is deeply shocked and appalled by the federal government’s decision to criminalise ‘fake news’ under a new emergency ordinance and calls for a stop in using the emergency proclamation to stifle any criticism of the current administration.
“Without the necessary parliamentary checks and balances, the unfettered powers given to the current administration under the Emergency Proclamation and the Emergency (Essential Powers) (No. 2) Ordinance 2021, foretells the continued attempts by this government to use any means possible to undermine our fundamental rights and freedoms,” it said.
The ordinance, among others, provides for a RM100,000 fine, three-year imprisonment term or both, for the publication and distribution of ‘fake news’ relating to Covid-19 or the Emergency Proclamation.
It also gives anyone found to have published ‘fake news’ a 24-hour notice to take down such post or be liable to a RM100,000 fine, allows for the police (subject to a court order) to take “necessary measures” to take down ‘fake news’, and allows the police access to computerised data, including passwords and encryption codes, or risk a fine, jail term or both.
CIJ executive director Wathshlah G. Naidu in a media statement issued today said what was equally alarming was the reintroduction of specific elements of the Anti-Fake News Act 2018, which was previously repealed.
“Fake news is not clearly defined in the law, opening the real possibilities of abuse through arbitrary arrests, investigations and punitive actions being taken against the alleged offender.
“We also anticipated further surveillances and invasions of our privacy, arbitrary censorships of critical and dissenting media reports, and thus, attacks on media freedom, and disproportionate crackdowns on legitimate speech such as dissent and misinformation.”
Naidu said the arbitrary use of the ordinance would go against the fundamental norms of freedom of expression and speech as enshrined in the Federal Constitution and international standards, which clearly stipulated that the public has the right to know, seek and receive, as well as to impart ideas and information of all kinds.
As such, CIJ urged the government to immediately withdraw the Emergency (Essential Powers) (No. 2) Ordinance 2021.
