Chin
KOTA KINABALU: Sabah Law Society (SLS) has expressed concern over the ambit and scope of the Emergency (Essential Orders) (No. 2) Ordinance 2021 (ordinance).
In a statement today, SLS president Roger Chin said “fake news” is extremely widely defined in the ordinance, and refers to news relating to Covid-19 or the proclamation of emergency which is wholly or partly false, in any shape or form, including forms capable of suggesting words or ideas.
“Any statement is capable of being twisted to have meanings other than what was intended by the maker.
“There are already existing laws – arguably too many – to protect the public interest in the event false statements are made.
“Whilst it is undoubtedly important that any untrue information relating to Covid-19 be prevented, the scope of the definition gives the impression that fake news is not the real target, but rather any criticism relating to the proclamation of emergency or the handling of Covid-19.
“It ought also to be noted that something as innocent – if ill-advised – as suggesting warm water as a means for protecting against Covid-19 could well be an offence under the Ordinance,” he said.
According to him, the ordinance inter alia penalises any person who publishes fake news “which is likely to cause fear or alarm to the public, or to any section of the public”.
This, he said, is again extremely widely drafted as any statement of whatever nature relating to the proclamation of emergency or Covid-19 is quite likely to cause fear or alarm to at least some sections of the public.
“Under the ordinance, publications deemed to contain fake news by a police officer must be removed within 24 hours, failing which an offence is created.
“Furthermore, orders for the removal of publications deemed to contain fake news obtained by the Government of Malaysia prejudicial or likely to be prejudicial to public order or national security – phrases which are again open to wide interpretation – cannot be set aside.
“Another worrying aspect of the ordinance is that the provisions of the Evidence Act 1950 have been excluded. All evidence, howsoever obtained, is admissible as evidence under the ordinance, even if the means of obtaining the evidence was unlawful.
“A list of documents and things seized itself can now be evidence of the existence of the documents and things seized even if not produced in court, due to the nature of the documents and things.
“Extremely wide powers are given to police officers to seize or gain access to computerised data. It is an offence under the ordinance to refuse to surrender passwords or decryption codes.
“Bodies corporate can apparently be charged under the ordinance, and directors, officers, managers and secretaries may be charged jointly in the same proceedings as the body corporate. Employers are liable for offences committed under the ordinance by their employees,” he said.
Whilst laying waste to the protections usually offered under the law, Chin further explained that the ordinance also provides protection to the Government of Malaysia and police officers carrying out the provisions of the ordinance in good faith.
“The above is only a sampling of the draconian provisions in the ordinance. The net effect of the ordinance will be to stifle free speech with no acceptable tangible benefit to the people of Malaysia. The ordinance provides the Government of Malaysia with extremely powerful tools to cripple news portals and public bodies.
“SLS appeals to His Majesty to review the promulgation of this ordinance. The SLS is concerned that the ordinance will give rise to the perception that His Majesty may be being used to shield and arm the true originators of the ordinance. The ordinance will erode public confidence in the fundamental institutions of this country,” he said.
According to the ordinance that was published by the Attorney General’s Chambers on Thursday, any individuals who create, publish or disseminate fake news on Covid-19 or the proclamation of Emergency could now face a fine of up to RM100,000 or three years’ jail or both, effective yesterday, Friday.
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