Politics

What’s actually in the "Media Control Act"?

The new law hands sweeping powers to a single regulator with authority over broadcast, print and online media.

Artwork: Dosain

Artwork: Dosain

21 Sep, 4:40 PM
The main feature of the recently ratified law is the creation of a new regulatory body called the Maldives Media and Broadcasting Commission – a "super regulator" with powers to oversee broadcast, print and online media.
The seven-member commission – three appointed by parliament and four elected by the media – is empowered to take action against outlets deemed to have contravened the law or a code of ethics established by the commission. Both the code of ethics and several provisions in the law contain vague language on what content or actions may be penalised.
The law requires the code of ethics to prohibit the spread of “fake news”, content that violates an “individual’s honour and dignity”, content that includes “words, signs, activities or actions that are socially unacceptable”, or content that promotes a religion other than Islam.
The commission has the power to define what constitutes “fake news”, or what violates an individual’s honour within the code of ethics and regulations created under the law.

What’s changed? 

The law abolishes both the Maldives Media Council – a 15-member regulator for print and online media consisting of public and industry representatives elected by media outlets – and the Maldives Broadcasting Commission, a seven-member body of presidential appointees that regulated television and radio stations. All members of these bodies have now lost their positions.
It also repeals the Newspapers and Magazine Act of 1978 and the Maldives Media Council Act of 2008, along with several provisions from the Broadcasting Act of 2010.
The registry of news media, previously maintained by the Ministry of Youth Empowerment, Information and Art, will be transferred to the new commission and a complete registry must be published within 45 days. Under the new law, no media outlet will be permitted to operate without registration.

What happens next?

With the law now in effect, the president has established the Maldives Media and Broadcasting Commission. According to the law, staff from the dissolved Media Council and Broadcasting Commission will be transferred to the new commission under the Civil Service Act. However, the new commission members will not be appointed for 30 days.
In the meantime, a five-member interim committee of senior civil servants, appointed by the Civil Service Commission, will head the commission. This interim committee must be appointed within three days of the law coming into force (today).
The interim committee will have reduced powers during this transitional period, limited to administrative work, accepting complaints, and processing applications for media registration. It will not be allowed to conduct investigations or revoke registrations.

What about the commission?

The People’s Majlis must open applications for the three members it will approve by October 3. Parliament is required to approve members from among the applicants by October 13, after which the president will formally appoint them.
The Elections Commission must draft regulations for the polls that will elect media representative members by September 25. The elections must be held by October 18. 
All registered broadcasters and media outlets can vote in the election, with each outlet entitled to one vote. Two members will represent broadcast media and two will represent print/online media. The President is required to issue credentials to the four elected members within seven days of the election.

What can the commission do?

The commission can investigate media outlets based on complaints or on its own initiative.
It has the power to summon witnesses, collect statements, subpoena documents and enlist police or other law enforcement agencies for assistance.
The commission can issue warnings, order corrections or public apologies, and impose fines.

Broadcasters can be ordered to suspend transmissions temporarily or fined between MVR 50,000 (US$ 3,243) and MVR 250,000.

Print and online outlets can be fined between MVR 5,000 and MVR 100,000.

If content is deemed a threat to “Islam, national security, public health or general public wellbeing”, the commission can request other authorities to shut down the broadcaster or the publication.
Individual journalists can also be ordered to issue corrections, publish apologies or retractions.

Does the law apply to the internet and social media?

Although government officials have insisted the law will not be used to police individual social media users, the final version contains vague provisions that leave the door open.
The law states that its provisions apply to “electronic media, to the extent it applies to the media”. “Electronic media” is defined as “audio, video tape, and any digital or electronic resource – including the internet – used to disseminate news and information.”
Legal experts have previously argued this definition clearly covers social media.

What are journalists saying?

Most Maldivian journalists have maintained that media regulation should be self-regulatory and that government-appointed members should have no role in a body with sweeping powers to essentially define truth, falsehood, or defamation. Many have described the new body as a “Truth Commission”.
Following ratification, the Maldives Journalists Association (MJA) vowed to defy the law, refuse compliance, and practice civil disobedience. At an emergency meeting hours after ratification, journalists representing major outlets – including veterans 'Hiriga' Ahmed Zahir and Hussain Fiyaz Moosa – voted to challenge the law in court and form a rival press council to demonstrate self-regulation.
Most also agreed to boycott the commission elections, though individual outlets will make their own final decisions.
There have been few dissenting voices to this overwhelming consensus from fringe media outlets such as Theeru or outlets affiliated with senior government officials such as Mendhuru TV.

What has the president said?

On Friday night, President Muizzu dismissed suggestions that journalists could refuse to comply with the law.
“You cannot crush the laws and do things against the law in this country. I will not allow it. I was tasked by the people to uphold the constitution. I will establish rule of law in this country, and everyone will be equal in that,” he said, speaking in Felidhoo during his tour of Vaavu atoll.
“No one can pick which laws to obey and be permitted to act outside them. My oath forbids it. To permit that would be to invite discord and discrimination. That is the law of the jungle: one rule for one person and another for someone else. I will not allow it.”
Speaking firmly, Muizzu added that he did not care “whoever comes out with press statements”, a reference to mounting international criticism of the law.

What could this mean for the future of the press in the Maldives?

It could be a bumpy road ahead. The stage is set for a showdown between the government and a defiant press in the coming weeks and months.
At the emergency meeting, journalists expressed little confidence in gaining meaningful influence in the commission, even if they engaged in the elections. Parliament retains the power to dismiss any member it deems “unfit” or acting “improperly”, and concerns remain over phantom or government-aligned outlets participating in the vote — an issue raised previously during Media Council elections.
Journalists from Adhadhu and Raajje TV voiced fears of targeted action against their outlets due to their critical coverage, citing parallels with the Yameen administration’s use of the now-repealed Defamation Act of 2016.
Although President Muizzu claims to support press freedom “to the fullest extent”, his relationship with the media has been far from smooth. Earlier this year, he called Adhadhu Editor Hussain Fiyaz Moosa and threatened “strict action”. Several journalists have reported receiving similar calls from him over the years, asking them to take down articles. He attempted to shift this perception with a marathon 15-hour press conference earlier this year – after refusing to meet reporters for more than 500 days.

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