Individuals who create, publish or disseminate fake news regarding Covid-19 or the Emergency proclamation can face a fine of up to RM100,000 or a jail term not exceeding three years, or both, upon conviction.
According to the new Emergency (Essential Powers) (No. 2) Ordinance 2021 through a Federal Government Gazette, this ruling takes effect on 12 March.Ā
This law applies to any individuals involved in the dissemination of fake news, including those within the country and abroad, regardless of nationality, provided that the fake news affects Malaysia or a Malaysian citizen.
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BERNAMA reported that ‘fake news’ includes any news, information, data, and reports which is or are wholly or partly false relating to Covid-19 or the Emergency, whether in the form of features, visuals or audio recordings or in any other form capable of suggesting words.
The Ordinance also states that in the case of a continuing offence, perpetrators could face a further fine not exceeding RM1,000 for every day during which the offence continues after conviction.
Removal of offending post and apology
The Ordinance states that the courts have the power to order the removal of a publication if it is deemed as fake news. Perpetrators can also be ordered to issue an apology and failure to do so may result in an additional fine of up to RM50,000, a jail term not exceeding one year, or both.
Individuals in control or in possession of material deemed to be fake news have 24 hours to remove the offending publication from the time given by the police or authorised officer.
“Those who fail to do so will face a fine not exceeding RM100,000 and in the case of a continuing offence, to a further fine not exceeding RM3,000 for every day during which the offence continues after conviction,” it said.
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Authorised officers to be given access to computerised data
Additionally, the police or authorised officers may arrest any person believed to have committed, or is attempting to commit an offence under this Ordinance.
“The office shall have all the powers in relation to enforcement, investigation, and inspection,” it says.
“The officer conducting a search shall be given access to computerised data whether stored in a computer or otherwise include being provided with the necessary passwords, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerised data.”
“Any person who fails to comply with the request by the police or authorised officer, commits an offence and shall, on conviction, be liable to a fine not exceeding RM100,000 or to imprisonment for a term not exceeding one year or both.”
Also read: Māsians Can Be Fined Up To RM20,000 For Not Providing IC During Police Inspection
