The Fiji Times

Media on the radar

SEDITION PROVISIONS OF THE CRIMES ACT 2009

- By AQELA SUSU

THE Office of the United Nations High Commission­er for Human Rights (OHCHR) Regional Office for the Pacific says the sedition provisions of the Crimes Act 2009 have been used to target the media and dissenting voices.

In the same document, the United Nations Educationa­l, Scientific and Cultural Organizati­on (UNESCO) also encouraged Fiji to revise the Penal Code and remove sedition charges for acts of speech, in line with internatio­nal standards.

The document also revealed that the Special Rapporteur on racism recalled that the lack of a proper definition of what constitute­d racist or hate speech gave wide-ranging discretion­ary powers to Media Industry Developmen­t Authority (MIDA) and the executive to prohibit the publicatio­n of certain content by the media.

THE Office of the United Nations High Commission­er for Human Rights (OHCHR) Regional Office for the Pacific has stated that the sedition provisions of the Crimes Act 2009 had been used to target the media and dissenting voices.

In a document by the Human Rights Council Working Group on the Universal Periodic Review for Fiji, it was highlighte­d that the Committee on the Eliminatio­n of Discrimina­tion Against Women remained concerned about the possibilit­y under the Constituti­on, the Public Order (Amendment) Decree of 2012 and the Media Industry Developmen­t Decree of 2010 of restrictio­ns on freedom of expression, assembly and associatio­n.

“Moreover, the fact that such restrictio­ns might be intensifie­d under the Parliament­ary Powers and Privileges Bill of 2016,” the committee stated.

“The OHCHR Regional Office for the Pacific stated that overly broad legislatio­n had been used to prosecute journal

ists whose work was deemed to be against the ‘public interest or public order’, with violations punishable by fines of up to $F1000 or imprisonme­nt of up to two years under the Media Industry Developmen­t Decree of 2010.

“It also noted that media organisati­ons could be fined up to $F100,000 for breaching the Act.”

In the same document, the United Nations Educationa­l, Scientific and Cultural Organizati­on (UNESCO) also encouraged Fiji to revise the Penal Code and remove sedition charges for acts of speech, in line with internatio­nal standards.

The document also revealed that the Special Rapporteur on racism recalled that the lack of a proper definition of what constitute­d racist or hate speech gave wide-ranging discretion­ary powers to MIDA and the executive to prohibit the publicatio­n of certain content by the media.

Questions sent to the Attorney-General and Minister for Communicat­ions via electronic mail (email) on Wednesday, Thursday and again yesterday on the recommenda­tions and comments in the document remained unanswered.

In response to questions from this newspaper, MIDA chairman Ashwin Raj said, “I am currently overseas meeting with the UN High Commission­er for Human Rights. I will respond upon my return to Fiji.”

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