Malaysian govt 'unlikely' to use changes to infectious diseases law to mandate vaccines: experts

After Malaysia's lower house of parliament approved government plans to strengthen the Southeast Asian country's preparedness for health crises, social media users misleadingly claimed authorities would use the sweeping power under the proposal to "force" the public to get vaccinated. Legal experts said the plans -- which have not passed the upper house of parliament as of October 2024 -- are "unlikely" to be used to mandate vaccination.

"This is a new plan to force people to be jabbed," read a Malay-language post shared on Facebook on October 16, 2024.

The post referred to proposed changes to the Prevention and Control of Infectious Diseases Act, which must also be passed in the upper house and receive royal assent if they are to become law.

It was shared alongside a graphic detailing the new amendments, with overlaid text that says "We have to follow any instruction" and a picture of Roland Victor -- a Malaysian doctor investigated for allegedly spreading misinformation related to the Covid-19 vaccine (archived link).

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Screenshot of the misleading Facebook post, captured on October 23, 2024

Similar posts claiming the public would be forced to receive vaccination were shared elsewhere on Facebook here and here.

The proposal would authorise the director-general of health to "issue any directions in any manner" for the purpose of preventing and controlling infectious disease.

In response to the misleading claim, Health Minister Dr Dzulkefly Ahmad said on his verified Facebook page on October 17 that the new rules will allow the government to conduct contact tracing, gazette quarantine zones and issue fines where necessary -- similar to measures put in place during the Covid-19 pandemic (archived link).

"There are NO rules that oblige people to take vaccinations by force," he said.

Legal experts also told AFP it was "unlikely" the government would use the provisions to force people to get vaccinated against their will.

Legal challenges

Daniel Abishegam, academic director and senior lecturer at the Advance Tertiary College (ATC), told AFP that the broad wording in the amendment is justified.

"While it is true that the amendments do give wide powers to the government, specifically the health-director general, it is very unlikely that the government will use that provision to force people to get vaccinated against their will, or punish them with the harsh monetary fines provided for," he said on October 23.

"If this is done, it will just open the government up to challenges in court specifically with regard to the disproportionate remedies for the aim that is sought to be achieved."

Joshua Wu, co-deputy chairperson of the Malaysian Bar Council's Constitutional Law Committee, said the government could technically already oblige the public to get vaccinated if it wanted to do so, regardless of the pending legislation.

He pointed to the existing Section 11(3) of the Prevention and Control of Infectious Diseases Act which allows medical officers to order anyone living in an infected area to be immunised.

However, he told AFP it was "unlikely" the government would force vaccination as it could open the door to legal challenges, such as allegations of violations to people's constitutional rights. 

"Vaccinations come with side effects, and have the possibility of negatively affecting the right to life of some," he said, citing rare adverse events to Covid-19 jabs.

"As for freedom of religion, there could be certain religious groups against vaccination."