The Malaysian government enacted Thursday an anti-fake-news law that aims to counter Covid-19 misinformation. The Malaysian King (Yang di-Pertuan Agong) has declared a state of emergency for the country, lasting until August. The law was enacted through an executive authority by Prime Minister Muhyiddin Yassin, which does not require any Parliamentary procedures.

The law is The Emergency (Essential Powers 2.0) Ordinance 2021. Anyone charged “with intent to cause, or which is likely to cause fear or alarm to the public, or to any section of the public” will be subjected to a RM100,000 fine, three years jail, or both. If the offense continues, a person can be fined up to RM100,000 a day. Institutions that act as financial backers to information outlets intending to commit or facilitate fake news publication can be fined up to RM500,000, six years jail, or both.

Representatives of companies such as CEOs, directors, and managers can also be vicariously liable if their employees are charged. The ordinance also has an extra-terrestrial power for authorities to prosecute overseas individuals.

The government stated that the Act is a de facto update on the Communications and Multimedia Act 1998, and new legislative measures need to be updated to counter fake news and misinformation. The previous Anti-Fake News Act 2018 has been repealed by the previous administration in 2019.

The law has received widespread criticism from human rights organizations and legal experts. Malaysian Bar Council President Salim Bashir has raised concerns that the Act permits police officers extensive powers to obtain evidence. He also stressed that several aspects of the ordinance would undermine natural justice and defendants’ ability to have a fair trial. Senior Fellow at the Singaporean Institute of International affairs Dr. Oh Ei Sun also raised concerns on the overly ambiguous definition of fake news within the ordinance.