Journalists rally against "burying free expression" as government denies targeting social media

The bill's definition of "media" encompasses online publications whilst "electronic media" extends to "audio, video, tape, digital storage media and the internet." Section 60 explicitly states that the law will apply to electronic media. 

Former Supreme Court justice Husnu Suood interpreted the provisions as requiring "anything we use to store data" to be "registered with some government office." 

Over the past week, journalists canvassing support against the bill handed out fliers warning the public that the broad definitions would enable the government to geo-block X accounts, summon individuals over opinions expressed on social media, and force influencers and content creators to register at the proposed "Media and Broadcasting Commission." 

Appearing on state media on Thursday night, Attorney General Ahmed Usham categorically denied that the law would target personal social media accounts. "This bill won't apply to me. Even if I write something on social media, no action can be taken against me under this, and there will be no effect from this bill on anything I do," he insisted. 

The bill solely regulates media workers, he stressed, accusing journalists behind the advocacy campaign of "twisting" the truth and deliberately misleading the public.

Usham doubled down on Friday as criticism mounted on social media and the #SaveOurSocials hashtag started trending on X. Clarifying "vague terminology, including the definition of electronic media" was among 14 amendments proposed by the AG office, he noted. 

"Our intention in submitting the amendments is to ensure that there is no unnecessary intrusion in media at the same time protect the public from harm and disinformation," he tweeted.

"I believe that the bill establishes broad and necessary principles to address pressing issues of accountability, misinformation, and the responsible handling of information in the media space. These challenges are real and cannot be ignored. I believe that having a legislative foundation is a starting point."

Appearing alongside Usham, Information Minister Ibrahim Waheed 'Asward' offered "100 percent assurance" that the bill would not undermine press freedom. "The president has no intention at all to control the Maldives media. I haven’t had any instruction of the sort either,” the former journalist said. 

Both the AG and the minister defended the proposed merger of the Media Council and Broadcasting Commission and argued that addressing shortcomings in the regulatory framework was long overdue. The existing mechanism has failed to effectively regulate print and online media and to combat defamation and disinformation over the past 15 years, they contended. 

Changes submitted to the parliamentary committee reviewing the bill – including removing provisions that allow penalties against individual journalists, closure of outlets during investigations of complaints, and the dismissal of members elected by the media – would "fully address" the concerns and complaints raised by journalists, they claimed.  

On Saturday morning, Majority Leader Ibrahim Falah reiterated the assurance that the bill does not authorise the regulation or closure of Facebook, TikTok and Twitter accounts. "Beloved youth and citizens, just keep right on using social media," he urged.

On Saturday night, the Maldives Journalists Association organised an open mic public forum at Malé's artificial beach to rally the public in defence of free speech. A crowd of about 100 people gathered for the event.

Adhadhu journalist Mohamed Shahzan, the newly-elected vice president of the MJA who hosted the event, started with a minute of silence for the 274 journalists killed in Gaza.

Shahzan then listed numerous alleged corruption scandals under President Dr Mohamed Muizzu's watch – including an inflated US$ 18 million project to install elevators at the Hiya flats, US$ 250,000 misplaced from Maldives Gas, and fraudulent forms to boost the ruling party's memberships and collect MVR 13.3 million (US$ 862,500) as state funding – that he argued the media would be barred from reporting if the bill is passed into law. 

Former attorney general Dr Ahmed Ali Sawad suggested the "fine print" in the final provision (section 80) reveals the true intentions, describing the bill as "insidious" and devised to curtail free expression under the guise of media regulation.

The existing self-regulatory mechanism adheres to best practices and UN guidelines, he argued, referring to the Media Council that regulates print and online media with members directly elected by media outlets. The bill would replace the watchdog with a commission stacked with political appointees, he warned. 

"I do not believe it makes legal sense to have a seven-member commission to judge what journalists report and what individuals say on the internet," he said. Existing laws offer civil remedies for slander and libel, he added.

Sawad characterised the proposed regulatory process of investigating, collecting evidence and passing judgment as an "inquisitorial method" at odds with democratic principles. 

The forum proceed with participants posing questions and making statements. One audience member flagged a provision that prohibits reporting any claim that "might turn out to be false" and asked if TV stations could show weather forecasts. 

"If it doesn't rain and it turns out to be false, that broadcast cannot be shown," he said. 

A taxi driver shared his experience of being jailed during a protest and highlighted the importance of social media as an outlet for grievances and sounding the alarm about abuses and injustice: "If I write on my social media accounts that my child was given an injection [in a case of medical malpractice], would the commission press charges against me? Where will we go to fight for our rights?"

Adhadhu CEO Hussain Fiyaz Moosa spoke about the climate of fear during former president Maumoon Abdul Gayoom's 30-year reign, describing it as a time when "when we were afraid to talk about constitutional rights, free speech and freedom of assembly within earshot of the next table, a time when newspaper headlines did not mention corruption." 

The majority of complaints currently pending against Adhadhu at the Media Council came from the President's Office, he noted, dismissing all of the cases as unfounded. Fiyaz warned that Raajje TV's morning talk show, Channel 13's broadcast of former president Abdulla Yameen's party gatherings and coverage of the Kulhudhuffushi mashi maali parade would be banned by the proposed law. 

Mohamed Junayd, the MJA's executive director, pointed to a January interview with Deputy Speaker Ahmed Nazim – the alleged architect of the media regulation bill – that recently resurfaced, in which his call for a "multimedia council" contradicts the denials of targeting social media. 

"Twitter, Instagram, TikTok and all of that needs to be regulated, too. So we need a framework to regulate the internet, including Telegram channels, everything to be regulated under one roof. We have worked on covering all this in a single bill. We have to think about regulating internet and social media," Nazim told SSTV.

Afnan Latheef, who posts commentary on social issues, expressed concern about the "impact on individuals, whether that's a blogger or a video content creator like me, or audio creators who make podcasts," all of whom could be compelled to register at the commission and obtain a license.

"The reality is that there are commissions. There are laws and standards. But what is lacking is the resources to implement them," she said, referring to both the Media Council and Broadcasting Commission blaming their small budgets and lack of resources for ineffective regulation.  

"So instead of making a bill and trying to control everything, it would be better for all of us, content creators as well as the press, to strengthen the existing system," she said.

Rashwan Mohamed, a young activist whose speech went viral, said he was "stunned" to see his feed full of posts from government officials claiming the bill would not affect social media users. "I wondered if the bill I read and the bill they read are the same," he said. 

"Say you are on the road and someone is coming at you with a wooden baton. The person comes and gives you a blindfold and tells you to put it on and says, 'I won't hit you.' Would you put on the blindfold? You'd be a fool to put it on."

"Most people my age uses alt [anonymous] accounts, they criticise government people a lot. They wont be able to say these things anymore. They'd have to be like the PNC [ruling People's National Congress] people going, 'Thank you, president,' 'very kind, president,' 'you're so good, president,' 'there's no one like the president.' I don't want to live in a country like that."

He called on the public to gather outside parliament on Monday when the bill is expected to be passed by the PNC's supermajority.

"That's the day when we have to come out in defence of our rights," he declared to a standing ovation from the crowd.