LFL said the vagueness surrounding the ordinance would likely lead to an increase in abuse of power by the authorities, as well as inconsistent enforcement.

It said the ordinance disregarded the right to free speech and privacy, now that the authorities were allowed to search any electronic devices deemed “necessary” for investigation.

“When compounded by the fact that not cooperating with such a search will open the risk of a person being fined for upwards of RM100,000 and/or imprisonment, it takes no imagination to see how this provision can easily be abused by the authorities,” LFL coordinator Zaid Malek said in a statement.

Effective today, those who create, publish or distribute fake news will face a fine of up to RM100,000, a jail term of up to three years, or both, under the Emergency (Essential Powers) (No. 2) Ordinance 2021.

According to Zaid, there was no legitimate reason for the new ordinance when other laws criminalising offensive speech, such as the Penal Code and Communications and Multimedia Act, already existed.

He also said a state of emergency was “not a licence to arbitrarily legislate laws” and urged the government to repeal the ordinance immediately.

“If they decide to go ahead with this ordinance, they do so at their own peril as contrary to what is stated in Section 27 of the ordinance, (that) they are at all times morally and legally bound to judicial scrutiny for any actions taken that are in clear breach of the Federal Constitution.”