Amendment proposed Privileges Act to allow protection of source of information

An amendment has been proposed to the Parliament Privileges and Powers Act by Maldivian Democratic Party (MDP) to allow journalists to protect the source of information.

MDP Parliamentary Group Leader, Hinnavaru MP Ibrahim Mohamed Solih said that the amendment was proposed because the new law violates the right guaranteed to journalists in Article 28 of the Constitution, which states that no person shall be compelled to disclose the source of any information.

Ibrahim Mohamed Solih said that the amendment states that journalists should be exempted from Article 17, 18 (a) and 18 (b) of the Privileges Act.

A case was filed to High Court earlier by Maldives Journalist Association (MJA) regarding the possible obstruction of the right to freedom of press and the right to protect the source of information, and subsequent criminal charges against journalists as a result of this new law.

MJA said the law firm Suood and Anwar LLP will be representing the Association regarding this matter, and that Lawyers Uz. Husu Al Suood and Uz. Ismail Wisham will advocate the case in court, along with Uz. Ali Hussain.

MJA said that Article 17 (a) of the Parliament Privileges and Powers Act grants the Parliament or a Parliamentary Committee the power to summon any persons to provide testimony or order them to produce any information which the Parliament may wish to seek, and that this power to summon and order to provide testimony and information is an infringement of the right to the freedom of media as granted by Article 28 of the Constitution.

MJA further said that Article 18 (a) of the Parliament Privileges and Powers Act states that persons summoned to the Parliament or one of its Committees are obligated to answer which ever questions they may be asked, truthfully to the best of their knowledge, and Article 18 (b) states that any action against such an order may be viewed as disobeying an order made by the Parliament, and Article 18 (c) declares such an act as a criminal offence.

MJA said that these powers entitled to the Parliament through Article 18 of the Privileges Act are an infringement of the freedom of media granted in Article 28 of the Constitution, and also a curtailment of Article 53 of the Constitution, which grants the right to seek, retain and instruct legal counsel when required, and also an infringement of Article 51 (c) of Constitution which grants the accused the right not to be compelled to testify.

Meanwhile, a case in relation the Privileges Act has also been filed to Supreme Court by the Attorney General’s Office.