Does new fake news law curb freedom of expression?

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The New Emergency Ordinance Criminalises Fake News and Raises Concerns Over Freedom of Expression

The newly enacted Emergency (Essential Powers) (No. 2) Ordinance 2021 has criminalised the creation and publication of fake news, particularly concerning Covid-19 and the Emergency proclamation. This legislation has drawn criticism for potentially infringing upon the constitutional rights to freedom of expression and the press, with concerns that its broad definition of fake news could stifle dissent and endanger independent news outlets.
Concerns Over Infringement of Fundamental Freedoms

DAP secretary-general Lim Guan Eng has voiced significant concerns that the new ordinance undermines the fundamental right to freedom of expression and freedom of the press. He argues that the broad and potentially catch-all definition of "fake news" within the law could be used to suppress legitimate criticism and alternative viewpoints. This expansion of powers, he contends, shifts the determination of truth to the government, potentially silencing dissenting voices and hindering the public's right to information.
Potential Impact on Whistleblowers and Independent Media

The ordinance's broad scope raises questions about its impact on whistleblowers and independent online news portals. Lim Guan Eng highlighted the potential contradiction with the Whistleblower Protection Act 2010, which aims to encourage disclosures of wrongdoing. By criminalising the dissemination of information that could be deemed "fake news," the new law might discourage individuals from exposing malpractices related to Covid-19 measures or the Emergency proclamation. Furthermore, independent news portals that offer alternative perspectives to government-aligned media could face risks under this legislation.
Availability of Existing Legal Frameworks

Critics point out that existing laws could already address malicious allegations without the need for a new, broad ordinance. Lim Guan Eng suggested that laws such as the Penal Code and the Communications and Multimedia Act are sufficient to prosecute individuals for spreading false information or making defamatory statements. He indicated that these existing legal avenues provide adequate means for addressing harmful misinformation, implying that the new ordinance is an overreach that could be subject to abuse, similar to perceived double standards in enforcing movement control order restrictions.
Penalties for Creating or Publishing Fake News

The Emergency (Essential Powers) (No. 2) Ordinance 2021 stipulates significant penalties for those found to have created or published fake news related to Covid-19 or the Emergency proclamation. Offenders face a fine of up to RM100,000, imprisonment for a term not exceeding three years, or a combination of both. This penalty structure underscores the seriousness with which the government is treating the dissemination of misinformation under the current state of Emergency.

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Does new fake news law curb freedom of expression?

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