There has been a steady stream of media reports of people faking Covid-19 test results. One such report was about a construction worker who craftily doctored a picture of his self-test kit result using a photo-editing software.
Some employees have resorted to uploading fake positive results to obtain the Home Surveillance Order which is automatically issued in an employee’s MySejahtera App, effectively getting a 7 to 10 days netflix-fuelled paid holiday at home. Others choose to falsify negative results to enable travel and to avoid being stopped at building entrances. And yet there are others who use an earlier test result to pass it off as a test done on the day it is actually used.
Let’s be clear about this – it is a criminal offence to falsify any Covid-19 test result or certificate.
Section 21(d) of the Prevention & Control of Diseases Act 1988 makes it an offence to furnish false information, punishable by imprisonment of up to 2 years or a fine or both. This offence is committed when the false test result is uploaded into the MySejahtera App, effectively furnishing the Ministry of Health with false information. A similar offence is also provided for in Section 177 of the Penal Code.
In a situation where a fake PCR / RTK test certificate is created, the person who cleverly prepared it commits an offence of forgery under Section 463 of the Penal Code, while the person who foolishly used it commits an offence under Section 471. Both may have an opportunity under Section 465 to spend quality time together locked down behind bars for up to 2 years or a fine or both.
This is not to even mention that employees who indulge in such criminal acts could be subjected to disciplinary action as well as be in breach of their employment contract, which may result in termination.
Clearly, it is not a question of whether it is technically possible to create such fake test results / certificates – software has made this entirely possible. The real question is whether one ought to engage in such criminal activities? Is it worth the 7 to 10 days holiday or travel when one’s reputation, employment and even liberty could all be lost by the click of a button?
I suggest that you don’t test the law on this.
About the Author
Xavier is a Founding Partner of XK Law. He graduated with Honours from the University of London, United Kingdom. Xavier is passionate about combating injustice and loves doing so though his legal work.
