State retracts case on revoking article on banning hate speech

The State has withdrawn a case it submitted to the Supreme Court against a High Court ruling revoking a number of articles in the 'General Laws' Act' (04-1968) banning hate speech or 'speech that threatens peace'.

In 2023, High Court revoked Article 8(2) of the General Laws Act.

Article 8 states 'In expressing through speech or writing what comes to people's mind, the following three categories must not be spoken of: 1. Anything against the principles of Islam, 2. Anything that threatens peace, 3. Anything that defames any person".

In 2022, current MP for Central Hithadhoo Ahmed Azaan, Shifzan Ahmed and Ahmed Ibrahim submitted a case to the High Court seeking to repeal Article 8(2) which concerns speech that threatens peace.

In the case, the State said in High Court that although the law in question is listed amongst old laws that contravene the current Constitution, no amendments had been brought to the law or parts of the law.

The State appealed to the High Court to rule as per Article 144(b) of the Constitution, which would allow for General Laws Act Article 8(2) to be amended.

Article 144(b) of the Constitution states that, "When deciding a constitutional matter within its jurisdiction, a court: (b) may in connection with a declaration pursuant to article (b) make any order that is just and equitable, including: 2. an order suspending the declaration of invalidity (of a statute, regulation or action due to inconsistency with the Constitution) for any period and on any conditions, to allow the competent authority to correct the defect'.

However, the petitioner asked for the article to be revoked as it contravenes Article 27 of the Constitution on freedom of expression.

The High Court, however, ruled that they did not find the article to contravene Article 27 of the Constitution. They went on to state that Article 8(2) of the General Laws Act is nevertheless void under Article 144(b) of the Constitution.

The State then appealed to the Supreme Court to overturn the High Court's ruling in the case during the previous administration. In today's hearing of the case, Attorney General's Office lawyer Mohamed Zayan stated that upon review, a decision has been made to not proceed with the case.

The petitioners' lawyer Shaffan Mohamed stated that they had no objections against withdrawing the case, and welcomed the State's decision.

The case was initially submitted to the High Court during proceedings against the then opposition's India Out campaign.