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Maldives pres urged to consider concerns before ratifying defamation bill

Mohamed Visham
09 August 2016, MVT 19:36
Local journalists protest outside the parliament as lawmakers passed the contentious defamation bill on Tuesday. MIHAARU PHOTO/MOHAMED SHARUHAAN
Mohamed Visham
09 August 2016, MVT 19:36

Transparency Maldives on Tuesday urged president Abdulla Yameen Abdul Gayoom to consider consider concerns raised by various actors before ratifying the move to criminalise defamation into law.

The government controlled parliament on Tuesday passed the contentious defamation bill to deliver a major blow to media and free speech in the Maldives.

The Bill has triggered a free speech campaign by local journalists as well as attracted unprecedented international criticism, for its stifling effect on freedom of expression and media freedom in the tiny island nation.

In a statement, Transparency Maldives condemned  the passing of the Anti Defamation and Freedom of Expression Act without addressing the serious concerns raised and amendments suggested by media organisations, journalists, political parties, civil society organisations and international partners.

The bill was sent to the parliament floor after the 11 member committee tasked with its review completely rebuffed concerns over the government orchestrated push to criminalise defamation and had included even more severe penalties to the defamation bill.

Media groups who were summoned to the Committee, had been forcefully critical of the Bill, reiterating that it would mean an end to press freedom in the country.

However, the new draft proposed by government lawmaker Ali Arif had failed to heed any concerns raised during the multiple sit-downs.

The most glaring concern overlooked by the government controlled committee was to maintain the hefty court- imposed penalty of a fine of between MVR50,000 (US$3,200) and MVR2 million (US$130,000).

A dangerous new clause would also lead to newspapers and websites, which publish “defamatory” comments having their licenses revoked.

Individual journalists are made liable with a fine between MVR50,000 and MVR150,000 while the appeal process is denied until the fine is paid.

Despite concerns, individual journalists also face between three to six months in prison for failure to pay the fine.

The new draft would also force journalists to disclose an information source, which is a right enshrined in Article 28 of the constitution, although the draft obligates the parent state institution to treat the source with discretion.

In addition the bill criminalises “defamatory” speech, remarks, writings, and other actions such as even a gesture or a sound.

Journalists and media outlets are made liable to the defamatory content that is published or aired.

Claimants have also been given the right to demand media outlets to immediately stop live feeds published or broadcast. The new live feed clause obligates media outlets to obey an order by regulators to immediately cut off live feeds following a complaint of defamatory content by a claimant.

The statement call on the public to persevere in their fight for freedom of expression as enshrined in the constitution.

"Freedom of expression, like all human rights, is not one that is given but rather one that cannot be taken away," the statement stressed.

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