The electoral reform movement is even more worried that the authorities have been given a free hand to decide what constitutes fake news under the emergency ordinance that has criminalised fake news on the pandemic and the emergency proclamation.

“This fake news law ought to be repealed as it is undemocratic, non-transparent and non-accountable, besides stifling freedom of speech,” it said in a statement.

Bersih said the law would frighten people from giving their views, even if they were valid, on government directives, policies and actions related to Covid-19 or the emergency proclamation for fear of being targeted by the authorities.

“We urge the government to return to the democratic process and allow Parliament to reconvene immediately as it is the best platform for elected representatives to give views and debate any legislation proposed by the government.

“The governance and future of this country cannot be determined by a handful of political elites alone in the Cabinet,” it said in a statement.

Under the Emergency (Essential Powers) (No. 2) Ordinance 2021, those who create, publish or distribute fake news would now face a fine of up to RM100,000 or a jail term of up to three years, or both.

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 law 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.