PUTRAJAYA, March 12 — The government has assured Malaysians that the new Emergency (Essential Powers) (No. 2) Ordinance 2021 gazetted to curb the spreading of ‘fake news’ will not be used once the nationwide state of Emergency is lifted.

De facto law minister Datuk Seri Takiyuddin Hassan said it is stated very clearly at the end of the document that the Ordinance will only last as long as the state of Emergency is in effect.

"The Ordinance will only last as long as the Emergency lasts.

"After the Emergency is lifted, we cannot use the Ordinance (No. 2) anymore,” he told reporters during a press conference at the Communications and Multimedia Ministry today.

Takiyuddin added that this has also been spelled out clearly in the name of the Ordinance — Emergency Ordinance.

"Even the name says it is an Emergency Ordinance, because it can only be used during an Emergency.

"Therefore, under the Federal Constitution Article 150 Clause 7, if the Emergency Ordinance is not lifted earlier by Parliament, it can only last for a period of six months from the end date of the Emergency.

"And if the Emergency is not extended (beyond August 1), all these Ordinances that were not lifted earlier will still be valid for a period of six months,” Takiyuddin explained.

During the press conference, reporters also asked Communications and Multimedia Minister Datuk Saifuddin Abdullah about the need for the Ordinance (No. 2), and why existing laws were not sufficient to combat fake news.

Saifuddin said currently, the Malaysian Communications and Multimedia Commission (MCMC) is hindered by some legal constraints.

"The Ordinance (No. 2) is to help expedite this process (legal constraints).

"We are actually in the midst of amending the MCMC Act 1998, but we haven’t managed to table it in Parliament,” he said.

He gave the example of how when the Act first came into effect in 1998, the government could not have predicted the rapid spread of fake news through social media platforms.

"It is like a minister using a 1998 weapon to go to war in 2021.

"So there is a need for this Ordinance. But again, it does not mean that when we amend the MCMC Act, everything that is already in the Ordinance will be tabled in the Act, as the Ordinance (No. 2) is specifically for the Emergency,” Saifuddin said.

According to the new Ordinance that takes effect today, individuals found guilty of creating or publishing fake news on Covid-19 or the Emergency proclamation could now face a fine of up to RM100,000 and imprisonment.