Govt proposes defamation law allowing compensation of up to MVR 500,000

The government has submitted a bill to Parliament seeking to introduce civil defamation laws that would allow individuals to claim compensation of up to MVR 500,000 while preventing defamation lawsuits against government institutions and independent state bodies.

The Right to Protection of Name and Reputation Bill was submitted on Sunday by Mohamed Ismail, the ruling People's National Congress (PNC) MP for Vilimalé.

According to the bill, its purpose is to provide legal protection for the constitutional right of every individual to safeguard their name and reputation while maintaining a balance between freedom of expression and the protection of personal reputation.

The proposed legislation classifies defamation as a civil wrong and establishes provisions governing defamation claims, exemptions, apologies and compensation for damages.

Under the bill, defamation lawsuits cannot be filed against government institutions or independent state commissions and institutions.

The legislation also identifies circumstances in which statements that could otherwise be considered defamatory would be exempt from liability.

These include statements made by members of Parliament during parliamentary proceedings, statements made during court proceedings and publications containing such statements.

However, the bill would permit defamation claims where a person communicates false information, whether verbally, in writing, through published material, drawings or photographs, that could lead others to believe something damaging about another person's reputation.

It also covers impersonations, stage performances, dramatic representations, songs and gestures that convey defamatory meanings.

The proposed law specifies that a statement would not constitute defamation if the information is true, even where its publication causes damage to a person's reputation.

The bill would apply to individuals and legal entities, including all media organisations registered in the Maldives, covering print, broadcast and digital media.

Its scope would also extend to social media platforms, content-hosting services and other providers of online services.

The legislation covers statements made in writing, verbally, through audio recordings and in video content.

It further provides that Maldivian courts would have jurisdiction over defamatory statements made outside the country if those statements are accessible in the Maldives and cause reputational harm.

Under the proposed legislation, private communications between two individuals would not fall within the scope of defamation unless the information is disclosed to a third party.

However, legal action could be taken if such statements are subsequently made public.

The bill introduces provisions allowing defamation disputes to be resolved outside court.

A person who believes their reputation has been damaged may issue a seven-day notice to the person responsible, requesting that the matter be resolved.

If no response or resolution is reached within that period, the complainant may initiate court proceedings.

The proposed law requires defamation lawsuits to be filed within one year. It also provides that courts must determine cases within a maximum of six months from the date of filing.

The bill allows courts to award compensation for both material and non-material damage where defamation is established.

Compensation for material damage would be capped at MVR 500,000.

For non-material damage, courts could award between MVR 50,000 and MVR 500,000, depending on the circumstances of the case.

The proposed legislation also gives courts discretion to reduce the amount of compensation if the person responsible for the defamatory statement has issued an apology.

The bill requires the Attorney General's Office to formulate the regulations necessary to implement the legislation within 30 days of its ratification and commencement.

The proposed law will require parliamentary approval and presidential ratification before it can take effect.