He also said that such allegations were made only by “certain quarters”.

“It is an offence. To me it is an offence,” he said in a joint press conference with communications and multimedia minister Saifuddin Abdullah here today.

It was reported yesterday that those who create, publish or distribute fake news would now face a fine of up to RM100,000, a jail term of up to three years or both under a new emergency ordinance.

Those who pay for the creation of such fake news will face harsher punishment, with fines of up to RM500,000 or a jail term of six years, or both.

The Emergency (Essential Powers) (No. 2) Ordinance 2021 defines “fake news” as news or information that “is or are wholly or partly false relating to Covid-19 or the proclamation of emergency”.

This has drawn criticism from politicians, media groups and lawyers, who expressed concern that it would stifle people’s rights and freedoms.

Guilty until proven innocent

Takiyuddin reiterated that the fake news ordinance was only related to the pandemic and emergency, and involved any news, information, data or report that was partially or totally false.

He said the ordinance would not apply after the emergency was lifted.

He added that all offences under the ordinance would be referred or tried at the sessions court, instead of the magistrates’ court.

In justifying the hefty fine and the assumption that one “is guilty until proven innocent”, he said the burden of proof that offenders had the “intention” to spread fake news was heavy.

“It’s not easy to prove an offence under the ordinance. Individuals who are not satisfied with the actions taken against them can apply for a judicial review at the High Court,” he said.

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