Nasheed concerned over defamation bill: No easy way for media

South Kulhudhuffushi MP Mohamed Nasheed has said that he cannot consider defamation and freedom of expression bill an easy thing for media to deal with, if it is passed without amendments.

Speaking during the debate on defamation bill at People’s Majlis on Monday, Nasheed said that there were multiple issues with the bill, and appealed to lawmakers to address the issues before it is passed.

Nasheed said that the was a section specially for media in the bill, which prescribes fines between MVR 50,000 to MVR 2,000,000 – which, he said is unacceptable.

He said that it being written in the bill that the accused cannot file a lawsuit over the issue without paying the fine was a constraint placed on a right guaranteed through Maldivian constitution.

He also criticized that the clause making it compulsory for media to report anything another person says only after obtaining a response from the particular person.

He said that reporters would have nothing to write if such a law is passed.

“For instance the person may not pick up when his phone rings. For instance, the person may not want to give a response. In such a case, reporters cannot write anything. And even though it says a response needs to be obtained, a response may not be given the same day.

Some time may pass after the news is published. There may be a further delay. A day may pass,” said Nasheed.

He said that according to the bill, the responsibility to prove the accuracy of an article published falls on the reporter if a lawsuit is file against him or her.

“This is not the way it should be. It’s the person filing the lawsuit that needs to prove the validity of his or her accusation. But that’s not the way it is in the defamation bill. It’s the reporter who published the news that needs to prove the validity of what is written,” said Nasheed.

The bill prescribes fines between MVR 50,000 to MVR 2,0000,000 for defamation. And the decision can be appealed in courts only after the reporter has paid the fine.

The case will be reported to police and prosecuted, if the reporter fails to pay the fine.

The bill prescribes prison sentences from 3 – 6 months if the reporter fails to pay the fine within the period of time given by court after the case is sent for prosecution.