MPs decry fake news Emergency Ordinance as 'deplorable' clampdown
Opposition MPs have blasted the Emergency (Essential Powers) (No. 2) Ordinance 2021, which takes effect tomorrow, as a deplorable attempt by the Perikatan Nasional government to control the narrative.
"It is proven again that the emergency has nothing to do with Covid-19 but to extend Muhyiddin Yassin's fragile government," said Setiawangsa MP Nik Nazmi Nik Ahmad of PKR...
Opposition MPs have blasted the Emergency (Essential Powers) (No. 2) Ordinance 2021, which takes effect tomorrow, as a deplorable attempt by the Perikatan Nasional government to control the narrative.
"It is proven again that the emergency has nothing to do with Covid-19 but to extend Muhyiddin Yassin's fragile government," said Setiawangsa MP Nik Nazmi Nik Ahmad of PKR.
"It is deplorable that the backdoor government has used the emergency as a backdoor attempt to resurrect a semblance of the Fake News Act abolished by the Pakatan Harapan government," he told Malaysiakini.
The Dewan Rakyat in October 2019 voted to repeal the Anti-Fake News Act (AFNA) which had been passed by the BN government of Najib Abdul Razak prior to GE 14.
The new ordinance is supposedly intended to combat "fake news" relating to Covid-19 or the proclamation of emergency but which in reality gives the authorities sweeping powers that could have grave implications for press freedom and confidentiality of information.
In the Federal Government Gazette dated March 11 and which will take effect tomorrow, perpetrators who spread "fake news" on the concerning matter in the forms of features, visuals, or audio recordings in any form capable of suggesting words or ideas will face the action.
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, according to the Federal Government Gazette.
The ordinances grant the court powers to order the removal of a publication for "fake news", failing which the court may order the police or an authorised officer to do so.
"Now the government will decide what is real and fake news," said DAP's Klang MP Charles Santiago.
"This way, they will control the narrative. This development, read together with the contempt decision against Malaysiakini, will be a death blow for freedom of expression and independent thought in the country," he said.
Charles said the government resorts to such actions when they are in a state of fear.
"Transparency is the way forward in managing a pandemic. And fake news has nothing to do with managing Covid-19 - this is political," he said.
Charles's party colleague Ramkarpal Singh said he found that Part IV, Section 12 of the Ordinance which stated that any statement by the accused whether in writing or orally to any one person at any time could be used was very worrying.
"This is draconian as it allows any statement taken from an accused to be used against him in court.
"This can be open to abuse as statements taken under duress or threat can also be used.
"The Evidence Act 1950 has safeguards against such abuse and makes such involuntary statements inadmissible. Unfortunately, the ordinance prevails over the Evidence Act, which is very worrying," said the Bukit Gelugor MP.
He also criticised Section 24 of the Ordinance which requires the defence to submit a statement of its defence to the prosecution before the trial begins, saying it was inconsistent with the fundamental principle in criminal jurisprudence that it is always for the prosecution to prove its case against the accused.
"There is no reason to depart from this important principle in this ordinance," he added.
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