Asia Democracy Research Network Year Six - Malaysia's emergency ordinance and the clampdown

Malaysia’s mismanagement of its public health crisis The enactment of the nationwide state of emergency, through which the ordinance emerged, came as Malaysia experienced a surge in cases from the start of the year. [...] Given the unwarranted situation in Malaysia, there are widespread beliefs that the ordinance actually serves to stifle public discourse regarding the state of the emergency, the COVID-19 situation, and the government‟s increasingly woeful handling of the public health crisis. [...] While the Act included a requirement that the act of creating or otherwise disseminating said „fake news‟ must have been „malicious‟ in intent, the new watered down the degree of intent to „intent to cause, or which is likely to cause fear or alarm to the public, or to any section of the public‟. [...] As Khoo observes, „this broadens the test of intention from being purely subjective – “with 7 intent to cause” – to now include an element of objectivity – “likely to cause”.‟ It is also important to note another key distinction between the ordinance and the Act – the absence of democratic mandate with regards to the former. [...] While it can at least be stated that the enforcement of the Act actually involved parliamentary approval, the ongoing suspension of parliament indicates that Malaysia‟s legislative body had no ultimate say in the enforcement of the ordinance.