Description

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

On 12 March 2021, the Malaysian Parliament implemented the Emergency (Essential Powers) (No.2) Ordinance 2021. The ordinance criminalises the creation, publication or distribution of "fake news", defined as any information "wholly or partly false relating to Covid-19 or the proclamation of emergency". Any person that creates or disseminates any fake news can be fined up to one hundred thousand ringgit and/or imprisoned for up to three years. Moreover, the Ordinance requires any legal person hosting fake news to take them down within 24 hours from the time an order is given by an authorised public officer. Otherwise, such a person can be fined up to three thousand ringgit for each day of non-compliance. Finally, any person "affected by a publication containing fake news" can apply to a court for an order to remove such publication.

Original source

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2021-03-11
adopted

On 11 March 2021, the Malaysian government issued the Emergency (Essential Powers) (No.2) Ordinance…

2021-03-12
in force

On 12 March 2021, the Malaysian Parliament implemented the Emergency (Essential Powers) (No.2) Ordi…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Any
Economic activity cross-cutting
Category All
consumer / buyer
2
Type Private individual
Economic activity cross-cutting
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
user content: any format: hosting (any form)
user content: any format: creation: production
Regulatory tool
Takedown requirement
Sanctions
Fine
Prison sentence
Regulated subjects
2
Regulatory tool
Sanctions
Fine
Regulated subjects
1
2

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

user content: any format: hosting (any form)

user content: any format: creation: production