Its president Roger Chin said while it agrees that it is important to stop any false information relating to Covid-19, the scope of the definition in the new law gives the impression that fake news is not the real target.
Rather, he said, the target seems to be on any criticism relating to the proclamation of emergency or the handling of Covid-19.
“It ought also to be noted that something as innocent – if ill-advised – as suggesting warm water as a means for protecting against Covid-19 could well be an offence under the ordinance,” he said in a statement here today.
“Fake news is too widely defined in the Emergency (Essential Orders) (No. 2) Ordinance 2021 and refers to news relating to Covid-19 or the proclamation of emergency which is wholly or partly false, in any shape or form, including forms capable of suggesting words or ideas.
“Any statement is capable of being twisted to have meanings other than what was intended by the maker. There are already existing laws – arguably too many – to protect the public interest in the event false statements are made.”
As such, Chin said, SLS is appealing to the Yang di-Pertuan Agong to review the promulgation of this ordinance.
“The ordinance will erode public confidence in the fundamental institutions of this country,” he said.
Effective today, those who create, publish or distribute fake news will face a fine of up to RM100,000 or a jail term of up to three years, or both, under the Emergency (Essential Powers) (No. 2) Ordinance 2021.
Chin said another worrying aspect of the ordinance is that the provisions of the Evidence Act 1950 have been excluded.
He said all evidence, how so ever obtained, is admissible as evidence under the ordinance, even if the means of obtaining the evidence was unlawful.
“Extremely wide powers are given to police officers to seize or gain access to computerised data. It is an offence under the ordinance to refuse to surrender passwords or decryption codes,” he said.
He also noted that corporate bodies can now apparently be charged under the ordinance, adding that directors, officers, managers and secretaries may be liable jointly in the same proceedings as the body corporate.
“Employers are liable for offences committed under the ordinance by their employees.
“While laying waste to the protections usually offered under the law, the ordinance also provides protection to the government and police officers carrying out the provisions of the ordinance in good faith.
“The above is only a sampling of the draconian provisions in the ordinance.
“The net effect of the ordinance will be to stifle free speech with no acceptable tangible benefit to the people of Malaysia. The ordinance provides the government with extremely powerful tools to cripple news portals and public bodies.”