CIJ appalled by 'extreme punitive measures' in govt's 'fake news' move
The Centre for Independent Journalism (CIJ) said it was deeply shocked and appalled by the Perikatan Nasional government’s decision to criminalise “fake news” under a new emergency ordinance and called on the State to stop using the emergency proclamation to stifle any criticism of the current administration.
"Without the necessary parliamentary checks and balances, the unfettered powers given to the current administration under the Emergency Proclamation and the Emergency (Essential Powers) (No. 2) Ordinance 2021, which comes into operation tomorrow, 12 March 2021, foretells the continued attempts by this government to use any means possible to undermine our fundamental rights and freedoms," said CIJ executive director Wathshlah G Naidu in a statement today.
The ordinance, among others, provides for an RM100,000 fine, three-year imprisonment term or both, for the publication and distribution of “fake news” relating to Covid-19 or the Emergency Proclamation.
It also gives anyone found to have published “fake news” a 24-hour notice to take down the said post or be liable to an RM100,000 fine.
It allows for the police (subject to a court order) to take “necessary measures” to take down “fake news”, and allows the police access to computerised data, including passwords and encryption codes, or risk a fine, jail term or both.
"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under the guise of an emergency, to re-introduce specific elements of the Anti-Fake News Act 2018, which was repealed by the previous Pakatan Harapan government," said Wathshlah.
She pointed out that "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.
"As such, the government must immediately withdraw the Emergency (Essential Powers) (No. 2) Ordinance 2021," she said.
Gerakan Media Merdeka (Geramm) also voiced its concern, saying that the rule was not being legally enacted by MPs legally elected by the Malaysians people.
“Without a clear ‘fake news’ definition, we fear it could be misused and negatively impacted on media freedoms.
"This legislation is also quite controversial, taking into account questions over the calling of the Emergency Declaration and the questionable status of the majority support of the ruling administration.
"Geramm demands that laws and rules are not used to oppress or silence, suppress or bully parties that oppose the administration.”
These rules also make it difficult for the media to perform their duty as a watchdog, added Geramm, saying that it consistently supported fact-checking initiatives, especially during the pandemic. - Mkini
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