KUALA LUMPUR: Media and legal rights movement groups are concerned over the fresh laws on fake news, which comes into effect today, will be abused by the authorities.
Gerakan Media Merdeka (Geramm) said its concerns were based on the fact that the new restrictions were not drafted by lawmakers through a parliamentary sitting.
"The regulations may appear to be agreeable, however, with no clear definition of 'fake news', we are concerned over possible abuse that may arise as a consequence."
"The gazetting of this law also appears to be controversial, taking into account dispute over the need to declare an emergency in times of uncertainties surrounding majority status of the ruling government."
The law which is updated on the Federal Gazette, stipulates that creators and publishers of "fake news" on Covid-19 or the Emergency can be fined up to RM100,000 and be jailed for a maximum of three years.
As such, Geramm called for all the laws as gazetted under the Emergency (Essential Powers) (No. 2) Ordinance 2021 dated March 11, which takes effect today, not to be used as a tool to silence, pressure or bully parties with an opposing view.
"The situation also poses an added difficulty for media to carry out checks-and-balances, if the law is abused to protect certain parties."
"We reiterate our stand as previously declared in our call against the repealed Anti-Fake News Act 2018, to fight fake news with facts, not Acts."
It said media personnel had been consistently implementing fact-checking particularly during the pandemic, when confusion often arises from the sharing of inaccurate information.
Centre for Independent Journalism (CIJ) executive director Wathshlah G. Naidu, who described the new law as appalling, urged the government to stop using the Emergency Proclamation to stifle any criticism against the current administration.
She stressed that without the parliamentary checks-and-balances, the unfettered powers given to the administration under the Emergency Proclamation and the Emergency (Essential Powers) (No. 2) Ordinance 2021, foretold the continued attempts by the government to use any means it deemed fit to undermine fundamental rights and freedoms.
Wathshlah also believed that through the ordinance, the authorities were attempting to reintroduce elements from the Anti-Fake News Act 2018, which was repealed by the then Pakatan Harapan (PH) government.
"What is equally alarming is the opportunistic nature of the current government, under the guise of an emergency, to re-introduce specific elements of the Anti-Fake News Act 2018, which was repealed by the previous PH government.
"'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 anticipate 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.
"The arbitrary use of this ordinance will go against the fundamental norms of freedom of expression and speech as enshrined in our Federal Constitution and international standards, which clearly stipulate that the public has the right to know, seek and receive, as well as to impart ideas and information of all kinds."
She also called on the government to immediately withdraw the Emergency (Essential Powers) (No. 2) Ordinance 2021.
Lawyers for Liberty coordinator Zaid Malek said apart from being vague and repressive, the law would have adverse effects on democracy in Malaysia.
"This Ordinance entirely disregards the right to privacy by allowing enforcement authorities to search any electronic device that they deem 'necessary' to complete their investigation.
"It will create a climate of fear," he added.
He said there were others laws that sufficiently criminalises offensive speech such as the the Penal Code and the Communications and Multimedia Act.
Zaid also said the current state of Emergency should not be abused to create arbitrary laws, and reminded the government that Article 150 (2B) of the Federal Constitution limits the enactment of any legislation to only those that are absolutely necessary.
"Though the scope of this Ordinance is limited to 'fake news' relating to Covid-19 and the Emergency proclamations, this does not diminish the adverse impact it will have on our democratic system," he added.
Zaid said the Ordinance does not define the term "Emergency proclamation" and its vagueness would cause inconsistency and abuse in enforcement.
He said the Ordinance was also an attempt to bypass the due process in law by allowing derogations from the application of the Evidence Act 1950.
"Considering the enormity of the fines and imprisonment stipulated, these derogations are unjustified and clearly contradicts with sacrosanct principles of a fair and impartial trial and may lead to unjust convictions."