Screenshot of misleading Facebook post (taken on October 23, 2024)
Similar posts claiming the public will be forced to get vaccinated were shared elsewhere on Facebook here and here.
The proposal would give the Director-General of Health the power to “issue any direction in any manner” for the purpose of preventing and controlling infectious diseases.
In response to this misleading claim, Health Minister Dr. Dulkefree Ahmad said on his verified Facebook page on October 17 that the new rules will allow the government to conduct contact tracing, implement gazetted quarantine zones and, if necessary, It said fines could be issued – similar to measures in place to date) during the Covid-19 pandemic (archive link).
“There are no rules that force people to get vaccinated,” he said.
Legal experts also told AFP that it was “unlikely” that governments would use this provision to force people to get vaccinated against their will.
legal challenge
Daniel Abishegam, academic director and senior lecturer at Advanced Tertiary College (ATC), told AFP that the amendment’s broad language is justified.
“While it is true that this amendment gives broad powers to the government, particularly the Director-General of Health, the government cannot use it to force people to get vaccinated against their will or to impose harsh penalties. “There is a very low probability that a fine will be imposed,” he said on October 23.
“If this were to happen, the government would be open to challenges in court, particularly regarding remedies that are disproportionate to the objectives they seek to achieve.”
Joshua Wu, co-vice-chair of the Malaysian Bar Association Constitutional Committee, said the government could technically already make vaccination compulsory for citizens if they wish, regardless of pending legislation.
He pointed to the existing Article 11, Section 3 of the Infectious Disease Prevention and Control Act, which allows medical personnel to order vaccinations for people living in infected areas.
But he told AFP it was “unlikely” the government would force vaccinations. Vaccinations could open the door to legal challenges, including allegations of violations of people’s constitutional rights.
“Vaccinations come with side effects that may adversely affect some people’s right to life,” he said, citing rare adverse events from the COVID-19 shot.
“In terms of religious freedom, there may be certain religious groups that oppose vaccination.”
