The Rojak Pot

COVID-19, Emergency Fake News : Up to RM500K Fine + 6 Year Jail!

Malaysia just gazetted an emergency ordinance with up to RM500,000 fine and up to 6 year jail time for anyone creating, spreading, financing fake news!

 

COVID-19, Emergency Fake News : Up to RM500K Fine + 6 Year Jail!

On 11 March 2021, the Emergency (Essential Powers) (No. 2) Ordinance 2021 was gazetted, and will come into effect the very next day – on 12 March 2021.

This new emergency ordinance includes hefty fines and even jail time for fake news on COVID-19 and the Emergency proclamation.

This emergency ordinance will come into effect on 12 March 2021.

 

Malaysia Fake News Fine / Jail : The Details

Here is a quick summary of critical parts of the Emergency (Essential Powers) (No. 2) Ordinance 2021.

OFFENCES

Emergency (Essential Powers) (No. 2) Ordinance 2021

4. (1) Any person who, by any means, with intent to cause, or which is likely to cause fear or alarm to the public, or to any section of the public, creates, offers, publishes, prints, distributes, circulates or disseminates any fake news or publication containing fake news commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both, and in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for every day during which the offence continues after conviction.

(2) The Court may, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection to make an apology to the person affected by the commission of the offence in the manner determined by the Court.

(3) Any convicted person who fails to comply with an order made under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Providing financial assistance for purpose of committing or facilitating commission of offence under section 4

5. Any person who directly or indirectly, provides or makes available financial assistance intending that the financial assistance be used, or knowing or having reasonable grounds to believe that the financial assistance will be used, in. whole or in part, for the purpose of committing or facilitating the commission of an offence under section 4, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding six years or to both.

Failing to carry out duty to remove publication containing fake news

6. (1) It shall be the duty of any person having in his possession, custody or control of any publication containing fake news to remove such publication within twenty four hours from the time a direction is given by a police officer or an authorised officer.

(2) Any person who fails to comply with the direction under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit, and in the case of a continuing offence, to a further fine not exceeding three thousand ringgit for every day during which the offence continues after conviction.

(3) Any person affected by the direction of removal of such publication by a police officer or an authorised officer may apply to the High Court to review the direction.

 

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