Nuj Fake News Ordinance Prone To Abuse

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The National Union of Journalists (NUJ) has joined the chorus in expressing concern over the latest ordinance that criminalises what the government deems to be “fake news” about Covid-19 and the emergency proclamation.
In a statement today, its Peninsular Malaysia chapter general-secretary Chin Sung Chew (above) said the union disagreed with the move as there was room for abuse.
For one, the term “fake news” was not clearly defined in the ordinance, he said.

“NUJ is concerned over the government's intent and possible abuse that may develop as a consequence.
“Anyone who disagrees with the Covid-19 (measures) may have action taken against them with any form of dissemination of news concerning the matter.

“It may also be constituted as ‘fake news’ (for) any article that the government views as disagreeable unless the government sets up a proper independent body to look into the alleged fake news crime committed,” he said.
Instead of introducing sweeping and harsh laws, Chin proposed to the Perikatan Nasional administration that a media council was more suited to address misinformation.
“The union is of the view that the media council can also be in charge of looking into alleged fake news crimes committed instead of the government having to gazette new laws to tackle this.
“This, in turn, will display transparency over the alleged crime committed,” he said.

The Emergency (Essential Powers) (No 2) Ordinance 2021 came into effect today.
Those found guilty of spreading “fake news” related to Covid-19 or the emergency proclamation in a variety of media can now be fined up to RM100,000 or be imprisoned for up to three years, or both.
Under the ordinance, the court can order for an offending publication to be removed. It also overrides the Evidence Act 1950, applies to anyone domestically and abroad, plus grants the authorities access to all passwords, data and hardware. Seizures can be made without a warrant.
An ordinance does not need to go through Parliament as it is made using emergency powers. Unlike an ordinary law, it cannot be challenged in court.

Chin opined that an ordinance of this serious nature ought to go through Parliament.

“Malaysia scrapped the Anti-Fake News Act 2018 in 2019 (during) the previous Pakatan Harapan government and this was welcomed by the local media practitioners at that time.
“Unfortunately, after the PN government took over administrative power, the nation's press freedom was now increasingly seen to be clamped down on or suppressed,” remarked the senior journalist.
PN has come under fire ever since the ordinance was made public last night.
The Bar Council, the Centre for Independent Journalism, media rights group Geramm, opposition MPs, lawyers and Malaysians online have condemned it as an attack of free speech.
Earlier today, de facto Law Minister Takiyuddin Hassan said it was an offence under the “fake news” ordinance to claim that the government sought an emergency declaration because it lost its majority in the Dewan Rakyat. - Mkini

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