COVID-19 Civic Freedom Tracker
Keep Civic Space Healthy
This tracker monitors government responses to the pandemic that affect civic freedoms and human rights, focusing on emergency laws. For information about our methodology, click here.
For more information and analysis by region, click here.
The COVID-19 Civic Freedom Tracker is a collaborative effort by the ICNL, ECNL, and our global network of partners, with generous research support from the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala D. Ní Aoláin. This is an ongoing effort, and we welcome you to email us at adeblock@icnl.org and simona@ecnl.org to share additional resources.
Ban on Mass Holiday Gatherings
Malaysia announced new COVID-19 restrictions in response to the Omicron variant. The government banned mass gatherings, covering the Christmas and New Years' holidays. Those attending private New Year and Christmas celebrations must undergo COVID-19 self-tests.
(See primary source or citation here)Introduced 16 Dec 2021 Expires 31 December 2021
Issue(s): Assembly
Type: order
Enhanced Movement Control Order
The national government imposed an Enhanced Movement Control Order (EMCOs) on areas with high COVID-19 rates in Sabah, Pahang, and Kelantan. These orders include strict stay at home decrees and restrictions on travel into or out of the affected area. Similar EMCOs have been issued throughout the pandemic in other areas of Malaysia.
(See primary source or citation here)Introduced 26 Jul 2021
Issue(s): Movement
Type: order
Full Closure Order
The Prime Minister ordered a two-week nationwide "Total Lockdown" which closed all non-essential businesses and required people to stay within 10 kilometers of their homes.
(See primary source or citation here)Introduced 28 May 2021
Issue(s): Movement
Type: order
State of Emergency
Malaysia's king declared a state of emergency through August 1, 2021, to limit the spread of COVID-19. Among other things, the declaration suspends parliament, allows the government to enact laws without parliamentary approval, and postpones national elections. Parliament reopened 7/26/2021, after a 7 month suspension.
(See primary source or citation here)Introduced 12 Jan 2021 Expired 1 August 2021
Issue(s): Emergency, Elections
Type: order
Restriction of Movement Order
The order mandates a "complete restriction" of movement and assembly nationwide. The order closes all houses of worship, non-essential businesses, and all government and private premises, except for those providing essential services. The order also bars Malaysians from travelling overseas, and prevents visitors from entering the country.
(See primary source or citation here)Introduced 18 Mar 2020
Issue(s): Assembly, Movement
Type: order
Repression of Peaceful Assemblies
The authorities have used pandemic regulations such as the Prevention and Control of Infectious Diseases Act (National Recovery Plan) Regulations 2021 to investigate and prosecute individuals for exercising the right to peaceful assembly. In June 2021, officals investiagted participants in "Black Flag" protests of the government's handling of the pandemic. In July 2021, law enforcement officials arrested 31 attendees of a COVID-19 memorial rally for alleged violations of COVID-19 rules, as well as Section 9(5) of the Peaceful Assembly Act 2012 for gathering without notice. The police also investigated and reportedly harassed doctors protesting unfair working conditions for allegedly violating COVID restrictions on gatherings. In 2020, Malaysian police arrested and charged members of the National Union of Workers in Hospital Support and Allied Services for carrying out a peaceful protest against low wages and working conditions. Police said they took action under Regulation 7 (1) of the Prevention and Control of Infectious Diseases Regulations 2020.
(See primary source or citation here)Introduced 19 Aug 2021
Issue(s): Assembly
Type: practice
Arrest of Migrants for Violating COVID-19 Movement Control Order
Immigration authorites arrested hundreds of migrants for allegedly violating a COVID- movement control order and restrictions on public gatherings. The Home Minister said that the arrests would "protect Malaysians" and "help" migrants get vaccinated. The arrestees included refugees from Myanmar and other countries.
(See primary source or citation here)Introduced 21 Jun 2021
Issue(s): Assembly, Discrimination, Movement
Type: practice
Repression of Criticism of the Government's Pandemic Response
The police charged artist Fahmi Reza under the Sedition Act for creating a Spotify playlist satirizing a controversial tweet by Malaysia's queen related to the COVID-19 pandemic. Fahmi and another artist are also facing criminal defamation investigations for cartoons critical of the official pandemic response. The day after Fahmi's arrest, the authorities arrested activist Mukmin Nantang and six others under the Peaceful Assembly Act for protesting the 14-day extension of strict movement control orders.
(See primary source or citation here)Introduced 23 Apr 2021
Issue(s): Assembly, Expression
Type: practice
Delayed Voter Registration and Arrests at Protests in Response
Citing COVID-19, the government delayed voter registration reforms that would affect more than 1.2 million young voters. Civil society groups filed a lawsuit challenging the delay and staged a large-scale demonstration. 11 individuals linked to organizing the were called for questioning under the Peaceful Assembly Act (PAA) for gathering without notification, and the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (Conditional MCO) (No. 4).
(See primary source or citation here)Introduced 29 Mar 2021
Issue(s): Assembly, Elections
Type: practice
Contact Tracing App Surveillance
Police used data from the contact tracing app MySejahtera to monitor residents in districts under an enhanced movement control order. A civil society leader was arrested for social media posts criticizing the use of personal data by the police to infringe privacy.
(See primary source or citation here)Introduced 12 Nov 2020
Issue(s): Surveillance, Expression, Privacy
Type: practice
Restriction of Access to Information
The government limited access to information about the COVID-19 pandemic and government responses. Access to daily COVID-19 press briefings by the Defence Minister were limited to the state media outlets BERNAMA and Radio TV Malaysia (RTM). Similarly, in May 2020 only government-owned media were granted access to parliamentary proceedings, though this list was subsequently broadened.
(See primary source or citation here)Introduced 9 May 2020
Issue(s): Access to Information
Type: practice
Arrests and Criminal Penalties for "Fake News"
Malaysian authorities are arresting individuals for spreading "fake news" related to COVID-19. Individuals are charged with provisions of the Penal Code and the Communications and Multimedia Act that carry penalties of up to one year in prison and 50,000 Malaysian Ringgit ($11,400). (See primary source or citation here)
Introduced 29 Jan 2020
Issue(s): Disinformation, Expression
Type: practice
Executive Order 2020-67 (COVID-19)
The Governor of Michigan declared a state of emergency under the Emergency Management Act on March 10, 2020. Under the Act, both houses of the legislature must approve a request to extend the state of emergency, otherwise it expires after 28 days. While both houses agreed to extend the emergency until April 30, they did not agree to extend it further. In response, on April 29, the Governor declared the emergency over, but she then declared a new emergency under the Emergency Management Act one minute later on the same day, thus triggering a new, 28-day period in which the emergency is in effect, but does not require legislative approval.
(See primary source or citation here)Introduced 29 Apr 2020
Issue(s): Emergency
Type: order
States of Emergency in All 50 States
As of April 7, 2020, all 50 U.S. states have declared a "state of emergency" in response to COVID-19. 42 states have issued orders urging residents to stay at home. Several of the remaining states have stay at home orders in parts of the state. Washington State was the first to declare a state of emergency on March 2, 2020. (See primary source or citation here)
Introduced 7 Apr 2020
Issue(s): Emergency, Movement
Type: order
Banning Spread of False Information in Puerto Rico
The order by Puerto Rico's governor makes it illegal for media outlets or social media accounts “to transmit or allow the transmission†of “false information with the intention of creating confusion, panic, or public hysteria, with regards to any proclamation or executive order declaring an emergency, disaster or curfew.†(See primary source or citation here)
Introduced 6 Apr 2020
Issue(s): Disinformation, Press Freedom, Expression, Access to Information
Type: order
Measures to Contain the Spread of Coronavirus in Puerto Rico
The governor's executive order establishes a lockdown, requiring residents to stay in their homes 24 hours a day, seven days a week between March 31 and April 12, 2020. The order provides limited circumstances for leaving between 5am and 7pm. Under the order, "breaching, disrespecting, or disobeying" the curfew may be punished with up to 6 months in jail and a $5000 fine. (See primary source or citation here)
Introduced 30 Mar 2020
Issue(s): Movement
Type: order
Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak
Declares that the Covid-19 outbreak constitutes a "national emergency." (See primary source or citation here)
Introduced 13 Mar 2020
Issue(s): Emergency
Type: order
Measures Affecting Public Record Requests and Public Meeting Requirements
Federal agencies and state and local governments have issued a mix of policy directives, orders, and laws regarding the impact of COVID-19 on public record requests and public meeting requirements. Some states, such as New Jersey or Washington DC, have suspended deadlines for responding to public record requests for the duration of the emergency. With regard to public meeting requirements, most states have changed their rules to allow for virtual meetings that the public can observe, but some, such as Illinois and Nebraska, have not explicitly provided for public participation in virtual meetings. (See primary source or citation here)
Introduced 1 Apr 2020
Issue(s): Access to Information
Type: policy
Delays in Responses to Freedom of Information Requests
A press freedom organization has documented more than 130 instances of state and local officials citing the pandemic as a reason for delayed responses to freedom of information (FOIA) requests. Some state and local jurisdictions have indicated that they plan not to respond to FOIA requests until the end of the pandemic. These delays have adversely impacted coverage of the pandemic, among other issues, as journalists are unable to obtain public records and other government information.
(See primary source or citation here)Introduced 1 Oct 2020
Issue(s): Press Freedom, Expression, Access to Information
Type: practice
Arrests for False Information Related to Coronavirus
According to multiple reports, individuals in the state of Texas have been arrested and accused of publishing false reports related to coronavirus. Arrests have been carried out by state police as well as the FBI.
(See primary source or citation here)Introduced 24 Apr 2020
Issue(s): Disinformation, Expression
Type: practice