Malaysia
Don’t overstretch definition of Ordinance for ‘fake news’, Saifuddin tells Malaysians
Datuk Saifuddin Abdullah speaks during a press conference on the Emergency Ordinance in Putrajaya March 12, 2021. u00e2u20acu201d Picture by Hari Anggara

PUTRAJAYA, March 12 — The public should not overstretch the definition of the new Emergency (Essential Powers) (No. 2) Ordinance 2021 that was gazetted yesterday to curb the sharing of ‘fake news’, Communications and Multimedia Minister Datuk Saifuddin Abdullah said.

Should the definition of the Ordinance include "all sorts of things”, this would lead to all kinds of arguments, he added.

"I have looked at the criticisms made by many (parties) over the past day. It is clear that the mindset of these criticisms, firstly, did not highlight that the Ordinance is only for Covid-19 and Emergency (related issues).

"So they overstretched the argument to infer that it could encompass all kinds of things and that is why they invoked Sosma (Security Offences [Special Measures] Act 2012) lah and even the Sedition Act too was mentioned.

"People are saying that this is worse than the Sedition Act, equivalent to Sosma. Well, it is a matter of argumentation.

"So my take is that if you want to overstretch the argument, it will lead to all sorts of things,” he told reporters today during a press conference at his ministry’s headquarters here.

Saifuddin was responding to reporters’ questions regarding concerns raised by the public, Opposition politicians and several non-governmental organisations about the Ordinance that was gazetted to curb the sharing of fake news on Covid-19 and the Emergency proclamation.

At least three media groups expressed concern over the government’s new Ordinance criminalising individuals who create or publish fake news on Covid-19 or the Emergency proclamation.

According to these groups, there is no clear definition of ‘fake news’ and the gazetting of the law also appeared to be controversial, taking into account the debate over the need to declare an Emergency in a time of uncertainty due to the majority status of the ruling government.

On the back of these concerns was a question raised during the press conference today as to whether the statement ‘Is the Emergency declared due to the lack of majority in Parliament?’ is considered fake news.

To this, de facto law minister Datuk Seri Takiyuddin Hassan, who was also present, said, "It is an offence”.

He offered the explanation that since the Yang di-Pertuan Agong had consented to the Emergency proclamation, the matter is final and cannot be challenged in court.

"No court has the jurisdiction to entertain and decide on this matter if it were to be brought to court.

"Just like those two MPs (Datuk Seri Salahuddin Ayub who is the Pulai MP and Datuk Johari who is Abdul Sungai Petani MP) and an assemblyman (Aziz Bari who is the Tebing Tinggi assemblyman) who tried to get leave to challenge the Emergency proclamation.

"The judge said they don’t have the jurisdiction to entertain it as it was clear that the matter was unreasonable,” Takiyuddin said.

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