Govt can control media through new bill, must be recanted: Dr. Shamsul Falah

According to the former Judicial Service Commission (JSC) member Dr. Shamsul Falah, the recently proposed Maldives Media and Broadcasting Commission Act bill would facilitate government influence on local media, and called to recant it.

The bill was sponsored by Thulhaadhoo MP Abdul Hannan Aboobakur, which proposes the commission will be under the purview of the President while additionally introducing new punitive measures, that includes fining journalists.

Several associations and the political opposition have raised concerns about the bill, calling it was regressive on the progress made in media independence.

In a statement, Dr. Falah said the bill had been drafted without seeking counsel from industry experts, stakeholders or the public. He said such crucial pieces of legislation required thorough forecast and weighing for all of its prospective implications since any ‘attacks’ of journalistic independence was a blow on democracy.

Dr. Falah further argued the current bill could potentially pave way for undue influence from the government, which would in turn reduce public confidence and trust in media outlets while further undermining media autonomy. He recommended enhancing self-regulation for media and journalism.

Since the bill had been submitted not long after the bills seeking to bring both the Anti-Corruption Commission (ACC) and the Elections Commission (EC) under the President’s purview, by way of granting discretion to the head of the state to appoint members to them, Dr. Falah said that it cannot be said the more recent bill had been submitted exclusively from an independent MP but rather, can be said was endorsed by the government.

He also noted the lack of any concerns raised by either the government or the ruling People’s National Congress (PNC) towards the bill despite its contentious nature.

“It is truly a rare sight in the parliamentary history in the Maldives, to see an independent MP sponsoring a bill that requires technical prowess in drafting,” Dr. Falah said.

Dr. Falah alleged the government had allowed an independent MP propose the bill to observe public reaction to it, and remain safe from public scrutiny.

He further urged seeking international support, technical and professional assistance, adopt international best practices, and acquire necessary counsel for the bill before it is revised. Dr. Falah added that a council monitoring the media must consist of journalists, media representatives, and general members.

Dr. Falah, who is currently a researcher in New Zealand, had previously lectured at the Maldives National University (MNU) and the Islamic University of Maldives (IUM). He has a bachelor’s degree in law, and a masters in human rights and humanitarian law. He recently submitted his PhD thesis to the University of Auckland, New Zealand.

He served as a JSC member from November 28, 2013 to May 22, 2014 and was the legal secretary during former President Dr. Mohamed Waheed Hassan Manik’s presidency.