No, say the senators, so Anti-Fake News Act to stay on for at least another year.

Opposition dominated Dewan Negara says ‘no’ to repeal

PETALING JAYA: It will now take a year for the Anti-Fake News Act, which was bulldozed through at the last Parliament sitting and gazetted days before the 14th General Election, to be done away with.

This came after the Oppositiondominated Dewan Negara did what it has threatened to do since Pakatan Harapan took over the government – it rejected the proposal to repeal the controversial Act yesterday.

Constitutional expert Prof Dr Shamrahayu A. Aziz said under Article 68(2) of the Federal Constitution, Dewan Negara senators could merely delay the passing of an Act and not block it entirely.

“What happens now is that the Senate can delay the passing of the Act for a year.

“The Act will be sent back to Dewan Rakyat for the MPs to have a relook,” she said in an interview here yesterday.

Bernama reported that a block voting on the abolishment of the Act saw 28 members of the Senate not supporting. A total of 21 supported it while three others abstained.

Senator Khairul Azwan Harun had called for the block voting as soon as Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin concluded the winding up on the Act.

Dewan Negara president Tan Sri S.A. Vigneswaran ( pic) then ordered for the bell to be sounded for two minutes to enable the block voting process to be carried out.

The Act, said Dr Shamrahayu, should again go through the entire process of being tabled, debated and passed by the lower House.

“It can only be brought to the Senate after a year from the date of the Act’s first passing.

“If the Senate still refuses to pass the Act, only then can Dewan Rakyat bypass the senators by getting the Dewan Rakyat Speaker to present this to the Agong for his consent to make it into law,” she said.

However, Dr Shamrahayu described the current situation as part of the democratic process.

“It should not be viewed as a competition between differing political views. “The reason for the one-year grace period is to allow lawmakers to have a closer look at the proposed law and make necessary amendments if needed,” she said.

Lawmakers, added Dr Shamrahayu, should pass laws not as a reaction to fulfil election promises but for the nation’s betterment as a whole.

In 2004, Dewan Negara also refused to pass the Pesticides (Amendments) 2004 Act and sent it back to the Dewan Rakyat for amendments.

There are currently 68 senators in Dewan Negara, of whom 18 are from Pakatan and 14 from, among others, parties in Sabah and Sarawak, Gerakan, the Indian Progressive Front and Hindraf.

There are 33 senators from Barisan Nasional’s Umno, MCA and MIC and three from PAS.

This composition is set to change in the coming year when Barisan senators’ terms begin expiring and Pakatan is set to appoint others into the vacant seats.

At Parliament lobby, Mohamed Hanipa described the senators’ action as a move to shame the government.

“I think they just want to delay to embarrass Pakatan but it’s okay. No problem. I’m not angry, I’m happy.

“This is not an urgent matter but of course we want to expedite. They want to delay, it is up to them. I just want to send the message to Barisan senators – people are watching,” he said.