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Journalists stage a protest outside the parliament in July protesting the Evidence Act. (Atoll Times Photo/Abdulla Yashau)

Government to submit Evidence Act amendment this week

The previous amendment to the Evidence Act was ratified on 20 July amid protests from local and international media rights organisations.

25 September 2022

By Shahudha Mohamed

Government on Sunday announced a series of amendments to the new Evidence Act in a bid to allay concerns by media rights organisations that the law could be widely abused to restrict media freedom as it allowed courts to demand the disclosure of journalists’ sources.

Amendment to the Evidence Act was ratified on 20 July amid protests from local and international media rights organisations. To be enforced from 20 January 2023, the government has assured journalists that their concerns would be addressed regarding this Act.

Article 136 uses broad terms such as “acts of terrorism” and “national security related crimes” as instances where journalists can be compelled to disclose their sources.

The Prosecutor General (PG) and the suspect in the case, both have freedom to request for the journalist’s source at the courts.

The law does not specify which court can authorise this information breach in a journalists’ profession.

Government ignored a comprehensive document listing concerns and recommendations submitted to the parliament by the Maldives Journalists Association (MJA) and Maldives Media Council (MMC).

However, the Attorney General's (AG) Office on Sunday that an amendment bill formulated in consultation with MJA and Editors Guild of Maldives would be submitted to the parliament this week.

The amendments outlined by the AG Office include:

  • specifying more clearly the offences related to national security and offences related to terrorism which are the exceptions made in the act

  • Offences related to national security would be described as offences involving any threat to the independence and sovereignty of the Maldives, or any threat of major damage to a person or persons’ lives, limbs or property

  • Offences related to terrorism would be described as those offences specified in the Anti-Terrorism Act

  • Determining factors that the court shall take into consideration in obligating the disclosure of a journalist’s source 

  • Determining that such matter shall be decided by an order of the High Court

Reporters Without Borders (RSF) earlier joined nine other human rights organisations in calling on the government to repeal or amend a provision forcing journalists to reveal their sources. The nine other organisations are:

  • Amnesty International

  • Centre for Law and Democracy

  • CIVICUS: World Alliance for Citizen Participation

  • Committee to Protect Journalists

  • Human Rights Watch

  • International Federation of Journalists

  • Maldives Journalist Association

  • Editors Guild of Maldives

  • Transparency Maldives

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