Deeply Flawed Anti Fake News Law May Lead To Arbitrary Detention Ngo

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A rights group has urged the government to immediately repeal the emergency ordinance aimed at tackling "fake news" as it may lead to the arbitrary detention of individuals alleged to have spread disinformation.
The group, Article 19, pointed out that the ordinance criminalising "fake news" allows officers to act with impunity against alleged offenders.
Article 19 is a human rights organisation founded in 1987 with a specific mandate and focus on the defence and promotion of freedom of expression and freedom of information worldwide.
Based in London, it works in partnership with nearly 100 organisations in more than 60 countries. 
"The ordinance states that the government, police and any 'authorised officer' who act 'in good faith' shall be immune from prosecution or other proceedings, thus allowing for impunity for those who commit human rights abuses.
"All offences established by the ordinance are sizeable offences, meaning that police may arrest suspects without a warrant. 
"The possibility of arbitrary detention without access to a remedy is particularly worrying," Article 19 said in a statement today.
The fake news ordinance also limits legal challenges as an individual subject to a court order to remove content may not be able to apply to set aside the order, said the group.
It added that the ordinance was vague as it defines "fake news" as "any news, information, data and reports which is or are wholly or partly false relating to Covid-19 or the proclamation of emergency, whether in the forms of features, visuals or audio recordings or in any other form capable of suggesting words or ideas". 
"The breadth of this definition is overbroad in scope, making it incompatible with the requirement of legality for limitations to freedom of expression under international human rights law," it said. 
'Not the right way'
Anyone, regardless of where they are, can be targeted as long as the expression concerns Malaysia or the person affected by the commission of the offence is a Malaysian, said Article 19.
This is not the right way for the authorities to prevent the spread of information and ensure accurate information about Covid-19, the group added.


"It could adopt longer-term measures such as promoting media and digital literacy, incorporating the subject into the school curriculum, and engaging with relevant civil society actors."
The ordinance is deeply flawed, unnecessary, and fundamentally incompatible with international human rights law, it contended.
"It should be immediately repealed in its entirety," it added.
Article 19 urged the government to convene a parliamentary sitting as soon as possible to review emergency measures and ensure government accountability.
"The government should additionally initiate a programme of legislative reform to bring its legal framework in line with international standards relating to freedom of expression.
"In particular, the government should repeal the Sedition Act 1948, amend the Communications and Multimedia Act 1998, and consider legislation protecting online intermediaries from criminal and civil liability for third-party content."
Seizure of property
The Emergency (Essential Powers) (No 2) Ordinance 2021, which came into force on March 12, grants the government sweeping powers for the courts to decide what is "fake news".
Some existing laws such as the Evidence Act 1950 will not apply for offences under the emergency ordinance.
The ordinance allows for the seizure of property and also gives the police the power to compel an alleged offender to reveal computer passwords.
Those who violate the law can be fined up to RM100,000 or jailed up to a year, or both.
Putrajaya has promised that the law will only be applied to "fake news".
According to de facto Law Minister Takiyuddin Hassan, the law can be repealed once Parliament convenes. - Mkini

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