Critics seeking assurance that the new ordinance to combat "fake news" relating to Covid-19 and the emergency would not be abused had posed a political, rather than a legal question, Communications and Multimedia Minister Saifuddin Abdullah said today.
"That's a political question, not a legal question. That's number one.
"Number two, the ordinance is very specific. It is only about Covid-19 and the emergency," Saifuddin said during a joint press conference with de facto law minister Takiyuddin Hassan (photo above) at his ministry in Putrajaya.
He said this when asked for response to critics' arguments that provisions under the ordinance were too broad and mirror elements of existing and repealed repressive laws, including the Sedition Act and the Anti-Fake News Act (AFN) 1998.
"Any reference to the (repealed) AFN or any existing laws is a matter of perspective and it is up to individual interpretation.
"Once we are under emergency, whatever ordinance is passed, we are not interested whether this is like Sosma, sedition or others," he said.
Contrary to concerns raised by opposition MPs and various press freedom groups, both Saifuddin and Takiyuddin repeatedly stressed that the newly gazetted provisions would only be used to control the dissemination of "fake news" specific to Covid-19 and emergency.
"There is no end to the debate that this may be equal to that (law) or the other one.
"I don't want to go down that route [...] People can always argue until the cows come home. I don't want to enter into that debate because it's not relevant," said Saifuddin.
Asked to confirm whether the government's stand is that there will be no abuse of the law, Saifuddin said: "Let's put it this way. I think we are a very reasonable and passionate functioning government."
"Our interest is the people. Our interest is in fighting Covid-19, and we will do whatever that it takes," he said.
Various press freedom groups including the National Union of Journalists Malaysia, Center for Independent Journalism and Gerakan Media Merdeka had raised immediate concerns over the possible impact of the new law on press freedom, particularly as the term "fake news" itself is open to abuse.
Saifuddin said the government took into consideration the need to be fair and just in carrying out its duties, in this case, bound by its focus on Covid-19 and the emergency.
Among others, the Emergency (Essential Powers) (No 2) Ordinance 2021, which takes effect today, stated that perpetrators who spread "fake news" in writing, videos, audio recordings or in any other forms that may convey "words or ideas" will face action.
The ordinance grants the courts powers to order the removal of a publication if it is determined to be "fake news", failing which the court may order the police or an authorised officer to do so.
The ordinance also overrides the Evidence Act 1950 and gives the police the powers to arrest, enforce, investigate and inspect.
The punishment would be a fine not exceeding RM100,000 or imprisonment for a term not exceeding three years or both and in the case of a continuing offence, a further fine not exceeding RM1,000 for each day the offence continues after conviction. - Mkini
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