The decision of Prosecutor General’s Office to consider defamation as a criminal offense is a threat to media freedom and a step taken backward in achieving a fully fledged democratic system, Irushadha Abdu Sattar, the Country Co-coordinator of SAFMA Maldives has said.
South Asian Free Media Association (SAFMA) published a newsletter on the 27th April calling the President Mohamed Nasheed and the Parliament to reconsider the criminal defamation article as it might hinder the vital role played by media in a democratic state.
Safma Statement says "SAFMA Maldives expresses concern over the Prosecutor General’s decision to implement criminal defamation as stated in the Penal Code. SAFMA believes that defamation should be set to civil defamation in accordance with international democratic standards, and calls on the People’s Majlis and the Maldivian Government to seek a remedy for this as soon as possible. SAFMA draws attention to the idea that criminal defamation curbs freedom of expression and causes journalists to self-censor, which in turn undermines the principles of democracy."
Speaking to The Voice, Irushadha said that in most of the democratic states defamation is civil in nature and stressed that government should find a solution to “criminal defamation” even if it meant amending the judicial penal code which states defamation as a criminal offense.“If influential people like politicians are able to get back at the reporters by criminal defamation arraigns, reporters will fear to speak out the truth if the PG Office’s decision is not changed. There will be no freedom of expression. Criminal defamation is a trait of an autocratic system” said Irushadha.
Civil defamatory regulation was enacted by Communication Minister, then Justice Minister Dr. Mohamed Jameel Ahmed on January 21, 2007 after years of disregarding criminal defamation as per the existing law.
According to PG Office and some lawyers, prosecution of defamation under the criminal court is strictly set out under the Penal Code of the Maldives and hence it is constitutional, whereas the previous regulation enacted by former justice minister Dr. Jameel to prosecute defamation in the civil court was a breach of penal code.
Dr.Jameel has recently announced that PG Office’s decision regarding defamation was to deceive the public and gain a political score and stressed on the fact that civil defamation is practiced in the modern democracies.
Maldives Journalists Association (MJA) and International Human Rights Organization have also appealed the government and Parliament to set defamation as a civil offense in accordance with international standards.
