HRCM recommends keeping defamation a civil offense

Human Rights Commission of Maldives (HRCM) has recommended removing the clause in defamation and freedom of expression bill which criminalizes defamation, and keeping it a civil offense.

Amendments to the bill by HRCM comes after the People’s Majlis committee evaluating the bill closed the window of opportunity to propose amendments to the bill, going back on their decision and cancelling meetings with relevant stakeholders.

HRCM said that the clause which calls for prosecution of anyone who fails to pay the fine needs to be amended so that Attorney General’s Office files a civil lawsuit against any individual who fails to pay the fine.

The Commission said that it did not believe defamation should be made a criminal offense.

HRCM said that countries where defamation was a criminal offense were making it a civil offense. And that international political and civil conventions that Maldives is a part of called out for decriminalization of defamation.

The Commission recommended that the clause stating that the fine will be refunded by state authority which oversees the media if the appellant wins the case be omitted, so that the accused are only required to pay the fine after the appeal process.

The Commission also said that the fines in the bill were too high, and that it a barrier to media and freedom of speech.

It recommended that the clause which states that compensation plus a fine of MVR 50,000 – MVR 2,000,000 for defamation and penalties for exercising freedom of speech in violation of principles of Islam be removed, as penalties for the offenses were already stated in other laws.

The Commission also said that requiring a response from individuals regarding what they say during meetings or forums before publishing news was a barrier to spread of information.

HRCM proposed its amendments in line with the prototype by People’s Majlis.