NEW YORK CITY, New York — On March 11, 2021, the Malaysian government issued an Anti-Fake News ordinance. This ordinance bans all citizens from displaying and publishing any inaccurate material concerning COVID-19 or the emergency proclamation in Malaysia. Although the ordinance would protect the current health system, many are worried that the law may breach citizens’ freedom of expression as it has in the past in Malaysia. The public lacks access to accurate information and expresses hesitancy when speaking about COVID-19 conditions in fear of inaccuracy or retribution.
The Ordinance
The ordinance went into effect on March 12, 2021, with no prior public consultations. The law states that any creation of false materials relating to COVID-19 is a criminal offense. This includes the failure to remove the content upon the government’s request. Additionally, the government ordered a criminal fine of 100,000 Ringgit ($24,000) if an individual fails to remove material within the specified time.
The strict ordinance follows political backlash against the current Prime Minister Muhyiddin Yassin for extending the national emergency that delayed the election dates. The government ordered a national emergency to contain the virus. However, political opponents revealed that the current government is avoiding election preparations. The government acquired the right to push laws without consulting parliament. As a result, the law has also increased concerns regarding the political transparency of Prime Minister Yassin.
The First Fake News Ban
Former Prime Minister Najib Razak passed similar anti-fake news legislation in 2018 due to political dissent. However, Razak lost the May 2018 election, and the act was revoked. The bill criminalized information that authorities deemed “fake news” with a 500,000 Ringgit ($120,000) fine and a possible six-year sentence in jail.
Deputy Asia director of Human Rights Watch Phil Robertson stated, “Such anti-fake news laws are just a rebranding of government censorship in a more appealing form, designed to fool people while enabling officials to shut down criticism they don’t like.” This year, citizens are speculating that political dissent in Malaysia is the underlying cause behind the COVID-19 fake news ordinance.
The Public Fears Worsening COVID-19 Conditions
In 2020, the economy in Malaysia declined by 5.8%, according to the World Bank. Because the government communicated no clear health guidelines, citizens are not confident that the government has practical control over COVID-19. The only action from the government was the declaration of national emergency and the ordinance against fake COVID-19 news. Thus, Malaysian citizens are concerned about the January report of 141,000 COVID-19 cases with 559 deaths among a population of 32 million.
Human Rights Watch also reported that the government has not provided clarity regarding “the prohibited content.” The nonprofit organization wrote, the government also does not “require that the ‘fake news’ be material and cause real harm to a legitimate interest”. Moreover, since there is a ban on false news on conditions relating to COVID-19, people will be more hesitant to discuss the proclamation of emergency or the methods that the government is taking to mitigate the situation because of “fear or prosecution,” according to said Linda Lakhdhir.
While the ordinance requires individuals, corporations and social media companies in Malaysia to give police access to stored data, the government has made no communication to the public on the COVID-19 conditions and the potential distribution of vaccines. However, organizations, such as the Human Rights Watch, are helping to alleviate this tension and enhance communication between the government and the public.
– Ayesha Swaray
Photo: Flickr