State: Defamation is a criminal offence in four countries that issued statements

Maldivian Government has said that defamation is a criminal offence in four of the five countries that issued statements raising concerns regarding the Anti-Defamation bill currently in the Parliament.

Norway, Netherlands, Germany and the UK along with the EU Mission in Maldives and the US Embassy in Sri Lanka issued a joint statement raising concerns about the bill and called the Maldivian Government to protect the freedom of speech in the country.

A statement issued by the Foreign Ministry today said that the Government of Maldives rejects the joint statement.

The statement said that the Draft Bill does not seek to criminalise free speech but provide a “layer of protection” to those who may fall victim defamatory and scurrilous articles and ensure that such comments do not impact issues of religious sentiments and national security.

“The Government recognises that care must be taken with such matters. As such, the Draft Bill foresees a multi-stage process. According to the Draft Bill, in the first instance, a warning would be given, and that warning would be made public; secondly, the relevant media outlet would be required to apologise and recall the relevant and offending article and produce a statement to that effect. Where the article is produced repeatedly, that programme/outlet can be suspended for a specified period. It may also be deemed appropriate for a financial penalty to be imposed. It is only after the financial penalty is not paid within the specified timeframe that the matter is referred for police investigation, and thereafter, referral to the Prosecutor General for a decision as to charge.” The statement said.

Foreign Ministry said that a maximum prison sentence of six months may be imposed upon a conviction and the penalty is significantly lower than many advanced democracies.

The Ministry’s statement said that the Joint Statement seeks to advance a notion of freedom of expression that is, in fact restricted in four out of the five countries which are signatories to the Statement; these countries have criminalised defamation and have enacted such statutes. Similarly, 23 out of the 28 Member States of the EU also have criminalised defamation.

“Maldives appreciates the interests that its friends and partners take in the Maldives, and wishes to request on all who wish to issue commentaries on what takes place in the Maldives, to return to facts and exercise objectivity. The Government is concerned that if such commentaries do not reflect all the facts surrounding the issue, it can be a source of misinformation.” The Statement from the Foreign Ministry said.

Foreign Ministry said that the country welcomes the opportunity to engage with international partners but expects them to be “constructive and responsible in their actions.”

Joint Statement by diplomatic missions concerned about the draft Defamation Bill in #Maldives pic.twitter.com/H3o6qc3T14

— Amb Atul Keshap (@USAmbKeshap) July 31, 2016