KUCHING: The Advocates Association of Sarawak (AAS) said the Emergency (Essential Powers) (No.2) Ordinance 2021 bore a resemblance to the repealed Anti-Fake News Act 2018.
AAS president Antonion P. K. Sim said the Ordinance appeared to erode the Freedom of Speech and Expression as enshrined in Article 10 of the Federal Constitution and should be immediately withdrawn and/or reviewed.
“The wide definition of ‘fake news’ relating to Covid-19 and the Emergency Proclamation in the Ordinance appears to be indefinite,” he added.
Sim said AAS was alarmed and deeply concerned with the Ordinance which came into operation on March 12 to combat fake news relating to Covid-19 or Emergency Proclamation.
He added that the Ordinance also appeared to criminalise the act of creating, publishing, or disseminating any ‘fake news’ in relation to Covid-19 or the Emergency Proclamation in the country, application of which extended to anyone violating its terms anywhere in the world.
Also, the scale of punishment under the Ordinance appeared to be unnecessarily and disproportionately severe and excessive.
“This is particularly in light of the general public facing difficult and uncertain times such as regarding their existing employment as a result of the Covid-19 pandemic,” he added.
Sim said the government should allow the courts to exercise discretion over the amount of fines on a case-by-case basis rather than creating limitations on sentencing with such harsh sentences.
“Further, and more alarmingly, the Ordinance also excludes and overrides the provisions of the Evidence Act 1950 in that evidence howsoever obtained is admissible under the Ordinance.
“This amounts to a desecration of the existing protection granted to the people under the criminal procedures and risked violating the people’s right to a fair trial,” he explained.
Under the Ordinance, a police officer is granted with wide powers to gain access to computerised data and seize the same and refusal to give password is categorised as an offence.
Any list of documents and things seized howsoever obtained shall be admissible in court as evidence.
“Such laws appear to disregard the public’s right to privacy and may well be subject to abuse,” he lamented.
The Anti-Fake News Act 2018 was passed by the government just before GE14 in 2018 and subsequently repealed by the previous government.
Sim said AAS strongly believed that under human rights laws, the government of the day owed an obligation and duty to protect the right to freedom of expression of its citizens.
“Laws aiming to restrict or curtail this particular right should and can only be imposed if such restrictions are provided by law, written in clear unambiguous terms and language, which leaves little or no doubts on its ambit and application and prohibitions.
“These laws should only be passed and imposed when it becomes strictly necessary and proportionate to achieve a legitimate aim; protection of national security, public order, public health or morals, or the rights of others.
“The Ordinance, sadly, falls short. The lack of clarity from the Ordinance is antithesis to human rights and democracy.”
Sim said AAS was concerned that this decision by the government to push through this Ordinance was a step backwards.
He said that all relevant stakeholders should be consulted before any legislation was introduced during the period of the Emergency Ordinance, especially where fundamental liberties under the Federal Constitution appeared to be eroded.
