THE Government should overcome inaccurate and false narratives related to COVID-19 vaccines by stepping up public engagement and awareness campaigns instead of using harsh laws.
“With that, the Government should review its decision on the enforcement of the Emergency (Essential Powers) (No. 2) Ordinance 2021.
“Utilise numerous existing laws which had undergone the necessary Parliamentary legislative process, to address various forms of hate speech and/or unlawful content,” Human Rights Commission of Malaysia (Suhakam) said in a statement.
On March 11, the Government enacted the Ordinance under the Proclamation of Emergency dated Jan 12, without any public consultation, in order curb the spread of fake news
Following the matter, two ministers gave conflicting statements in regards to the legislation. While Communications and Multimedia Minister Datuk Seri Saifuddin Abdullah said the Government would differentiate between legitimate criticism and fake news, Law Minister Datuk Seri Takiyuddin Hassan said anyone questing the Emergency proclamation can be penalised under the Ordinance.
However, Opposition leaders and civil society movements have criticised the Government for enacting such draconian law without public consultation, on top of bypassing the Parliament.
Reconvene Parliament now
On that note, Suhakam said stiffer penalties, a fine of up to RM100,000 or imprisonment of up to three years, or both, under the Ordinance may create a chilling effect on freedom of opinion, expression and speech as enshrined in Article 10(1)(a) of the Federal Constitution, and internationally recognised human rights standards and principles.
“We hope that this Ordinance is not an attempt to revive the Anti-Fake News Act 2018, which was repealed in December 2019.
“Suhakam reminds the Government of its obligation to protect the right to freedom of expression, including the right to seek, receive and impart information of all kinds.
“Restrictions on freedom of speech should only be imposed when absolutely necessary, if it is provided by law and is proportionate to achieve a legitimate aim, including protecting national security, public order, public health or morals, or the rights of others,” it stated.
With that, Suhaka urged the Government to reconvene the Parliament soon as stipulated by Article 150(3) of the Federal Constitution.
“This will ensure proposed laws can be debated before they are passed. It is a check and balance mechanism to ensure that any legislation passed will not infringe on our fundamental freedoms,” it remarked. – March 16, 2021.
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