President Abdulla Yameen Abdul Gayoom on Thursday ratified the Defamation and Freedom of Expression Act. Maldives Parliament passed the bill Tuesday, which was tabled for debate by Ungoofaaru MP Jaufar Dawood, and approved with 47 votes in favour and 31 against. The bill was passed as reviewed and amended by an 11-member select committee.
The bill received backing from lawmakers representing the ruling Progressive Party of Maldives (PPM) and its coalition partner Maldives Development Alliance (MDA). Lawmakers of the opposition Maldivian Democratic Party (MDP) strongly opposed the bill, which was also supported by some parliamentarians from Jumhooree Party (JP).
img:http://s4.psmnews.mv/images/660x400/14607981910492.jpg|Parliament in session - FILE Photo: Secretariat of Parliament
During debate, PPM and MDA lawmakers spoke about the importance of the bill while opposition lawmakers argued that it imposes severe restrictions on the fundamental right to freedom of expression enshrined in the Constitution.
The Government of Maldives earlier stated that “the bill does not seek to criminalise free speech, but instead seeks to provide a layer of protection for those who might fall victim to scurrilous and defamatory articles and to ensure that such comment does not impact upon issues of religious sentiment or national security.”
In a statement released on August 1, the government rejected a joint statement issued by the United States, Norway, the Netherlands, Germany, the United Kingdom, and the Delegation of the EU to the Maldives, concerning the bill.
The joint statement, issued after Parliament accepted the bill for consideration, said “it allows severe penalties to be imposed against those who merely wish to exercise their democratic rights and freedoms”, and “infringes the fundamental protections guaranteed under the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights ICCPR)”.
img:http://s2.psmnews.mv/images/660x400/9742.jpg|The President's Office - FILE Photo: PSM News
The government statement said that “Section 6 of the Draft Bill identifies a framework similar to what is set out in the ICCPR for exercising freedom of expression, which are, for the protection of national security, protection of public order, respect of the rights or reputation of others (anti-defamation) and for limitations on expressions made that are contrary with tenets of Islam. These areas are also reflective of the principles enshrined in Articles 16, 27 and 33 of the Constitution, which guarantees the fundamental rights set out in the Constitution: the right to freedom of thought and the freedom to communicate opinions in a manner that is not contrary to any tenet of Islam and the right to protect one’s reputation and good name respectively. The Draft Bill also takes into account defences enunciated in settled law such as whistle-blowing and honest opinion”.
According to the bill, any act of defamation, if proved in a court of law, can carry a fine between MVR25,000 and MVR2 million. During review of the bill, the committee sought the opinion of Maldives Media Council (MMC), Maldives Broadcasting Commission (MBC), the Fiqh Academy and media outlets including state-broadcaster Public Service Media (PSM).
Following ratification, the Act has been published in the Government Gazette.