Human rights groups say Perikatan govt’s ‘fake news’ Ordinance flawed, calls for repeal

KUALA LUMPUR, March 15 — Three Human rights groups today described Perikatan Nasional (PN) government’s newly regulated “fake news” Ordinance as flawed, unnecessary and incompatible with international human rights law.

Article 19, Asean Parliamentarians for Human Rights (APHR) and Open Net Association in a joint statement urged the government to allow Parliament to convene in order to ensure government accountability. 

“The Ordinance is deeply flawed, unnecessary, and fundamentally incompatible with international human rights law. It should be immediately repealed in its entirety.

“Parliament should be convened as soon as possible to review emergency measures and ensure government accountability,” the groups said. 

They said the new Ordinance is vague in description making it incompatible with the demands of legality set by international human rights law. 

They added that the punishments regulated are too disproportionate due to the uncontrollable pace of content spreading, as well as how the measure under the Emergency disregarded intermediary liability principle which is related to the failure of distinguishing between content producers and intermediaries such as Internet Service Providers (ISPs), social media platforms, or third-party commenters on news platforms.

The three non-governmental organisation said the new Ordinance allowed “unfettered” access to personal data and disproportionately penalise non-compliance. 

“The newly imposed regulation also limits legal challenges as offenders will be instructed to remove content once ordered by the government and how the Ordinance establishes vague preservation and disclosure of personal data,” they said. 

The groups added that the new legislation mirrored the repressive Anti-Fake News Act 2018 that was repealed by the previous Pakatan Harapan government in 2019.

Anti-Fake News Act 2018 covers “news, information, data and reports which is or are wholly or partly false” and included features, visuals and audio recordings. The Act revolves around digital publications and social media which also applies to offenders outside Malaysia, including foreigners, if Malaysia or a Malaysian citizen are affected.

Malaysia’s Anti-Fake News Act is punishable by up to six years in jail and a fine of up to RM500,000.

Last week, a Malay Mail’s check on e-Federal Gazette confirmed that Emergency (Essential Powers) (No. 2) Ordinance 2021 prohibits individuals who create or publish fake news on Covid-19 or the Emergency proclamation could now face a fine of up to RM100,000 and imprisonment starting from March 12.

On March 13, Malaysian Bar new president AG Kalidas pledged that the group will be looking to file a lawsuit to challenge the Emergency (Essential Powers) (No. 2) Ordinance 2021, together with the Emergency Proclamation and other Ordinances.