Amendment to act to include journalists' sources revealed

A bill of amendments to the Evidence Act has been submitted to Parliament which calls to require journalists to reveal their sources.

The Evidence Act had come into effect in January 2023 during former President Ibrahim Mohamed Solih's administration. 

Some of the amendments proposed by ruling People's National Congress (PNC)'s Bilehdhoo MP Ahmed Aslam include situations where journalists are to reveal their sources, with it previously being that a request can be submitted to any court in order for sources to be revealed. However, the amendment states that such an order can only be issued by the High Court, with the ruling to be decided within 24 hours.

The amendment also includes giving the opportunity to journalists and their place of work to respond to the order and be held responsible. The amendment includes an option for the High Court's ruling to be appealed at the Supreme Court within 10 days of the ruling as well.

The amendment stated that a request for the order can only be issued to the High Court by the Prosecutor General, the accused or those being charged.

As the act currently stands, a journalist or their place of work are not required to disclose their sources, or revealing any information that may expose a source, if a promise of confidentiality has been given to the source by the journalist or their workplace.

And even though Article 136 of the Act states as such, those who issue a request for the order will have it granted by the court in cases related to acts of terrorism or national security.

However, the act states that action can only be taken if it is known that an act of terrorism or threat to national security has happened, is going to happen or is ongoing. Along with that:

Along with these, while the act specifies the situations where a journalist's source can be revealed, journalists biggest worry at the time was the act not specifying the definition of national security. The previous amendment did not specify as such either.

The amendment to the act specifies further situations in where a source should be revealed:

Aslam's submitted amendment includes that if a journalist receives information from a source with the assurance their identity would remain a secret, it is not required for the source to be revealed. 

However, the amendment states that in the case of certain crimes, a request can be submitted to the High Court for them to issue an order in revealing a journalists source so that the party accused of such crimes can be identified or stopped.

When the Evidence Act was being written up where sources were required to be revealed, amendments were brought to it due to journalists protesting during the previous administration. However, when the act was passed, some of the changes had been made for the worse, with the act being subsequently ratified.

The MDP administration's term ended with the amendments to the act having not moved forward.