ʻNew ordinance penalises only spreaders of fake news on Covid-19, emergencyʼ
Legislation crucial in dealing with those sowing confusion, disrupting public order, says minister
THE newly-gazetted Emergency (Essential Powers) (No. 2) Ordinance 2021, which came into force yesterday, is only meant to curb fake news on Covid-19 and the proclamation of Emergency effectively and efficiently.
Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Takiyuddin Hassan said the new ordinance was crucial in dealing with those intending to sow confusion among the people and disrupt public order by spreading false information.
He said it was also aimed at protecting people who fell victim to fake news on Covid-19 or the proclamation of Emergency.
This, he said, was done by providing a simplified procedure by filling Form A in the federal gazette to get its publication removed, submitted to the court along with a police report.
“Section 2 of the Ordinance defines fake news as first, any false news on Covid-19; second, any information; and, third, any data or report whether published wholly or partially.
“Any person who fails to comply with the direction to remove the false news is liable to a fine not exceeding RM10,000, and a subsequent RM3,000 fine per day in the case of a continuing offence,” he told a press conference yesterday.
He said while the gazette indicates a maximum penalty of RM100,000 fine and three years’ jail for related offences under the Communications and Multimedia Act, the extent of the sentence was based on the discretion of the Sessions Court.
He also dismissed allegations that the government was “flexing its muscles and playing politics”, saying that the move was made to protect public health, the economy and the country’s security.
“While the federal gazette would still be in force six months after the end of the State of Emergency, Parliament may decide to have the gazette rescinded earlier once the sitting resumes,”he said.
Meanwhile, Communications and Multimedia Minister Datuk Saifuddin Abdullah said there was no provision under existing laws that empowered the authorities to order fake news, such as those spread via WhatsApp, to be taken down immediately.
A case in point, he said, was when an individual was wrongly alleged of contracting Covid-19 and was stigmatised by others when he appeared in public, causing distress to both the victim and family.
“Under the ordinance, the police or other authorised personnel can order the news to be removed within 24 hours.
“Meanwhile, we are in the midst of drafting amendments to the Communications and Multimedia Act to address such matters.
“When the Act was enacted in 1998, it didn’t foresee the fact that fake news could spread as fast as it does today. We have been publishing clarifications about fake news on Covid-19, but the problems still persist. It is hoped that the newly-gazetted Emergency Ordinance will act as a deterrent.”
He said the ministry had, to date, investigated 56 cases related to fake news on Covid-19 while police had investigated 214 such cases. He said the move was also to ensure the success of the recently-launched National Covid19 Immunisation Programme as a more effective measure to deter the spread of fake news, including information on vaccines.
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.