Claiming that the government sought an emergency declaration because it lost its majority in the Dewan Rakyat violates the fake news ordinance, said de facto Law Minister Takiyuddin Hassan.
"It is an offence. To me, it is an offence," Takiyuddin (above) said at a joint press conference to explain the fake news ordinance.
He said this when asked if critics claiming that the government sought an emergency declaration because it lost its majority was considered fake news.
The ordinance makes spreading "fake news" on Covid-19 or the emergency punishable by up to RM100,000 or up to three-year imprisonments, or both.
The emergency was declared by the Yang di-Pertuan Agong on Jan 12 on the advice of cabinet.
Officially, it is to help the government curb the spread of Covid-19. At the time, there were around 2,000 to 3,000 cases being reported daily.
However, critics have questioned why Parliament was also suspended under the emergency - and continues to be closed despite businesses and schools re-opening.
The declaration came two days after the Perikatan Nasional government lost majority control of the Dewan Rakyat after Umno's Machang MP Ahmad Jazlan Yaakub withdrew support.
On the same day the emergency was declared, Umno's Padang Rengas MP Nazri Abdul Aziz also withdrew support from the PN government.
The government has since secured the defections of two PKR MPs to make up for the support deficit after the King said Parliament can reconvene during the emergency.
Courts have discretion
While answering the fake news question, Takiyuddin stressed that once the King had declared the emergency on the cabinet's advice, it is final and can't be challenged in any court.
Meanwhile, Communications and Multimedia Minister Saifuddin Abdullah - who was also at the presser - said another example of fake news is claiming that an individual died after taking the Covid-19 vaccine.
Takiyuddin and Saifuddin stressed that under the ordinance, the intent to spread fake news must be proven before an accused is punished.
Takiyuddin also stressed that contrary to media reports that only highlighted the maximum fine of RM100,000 under the ordinance, a Sessions Court judge hearing a related charge has the discretion to even release an accused with only a warning.
"The judge could after mitigation release the person with a caution only.
"That is the situation in court [...] the ordinance only states a ceiling punishment which means the floor could be any amount determined by the judge," he said.
Aside from the maximum RM100,000 fine, the ordinance also provides for 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.
Among others, the Emergency (Essential Powers) (No. 2) Ordinance 2021 dated March 11, which takes effect today, states that perpetrators who spread "fake news" in writing, videos, audio recordings or in any other form that may convey "words or ideas" will face action. - Mkini
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