The High Court has rejected an appeal filed by the Maldives Journalist Association (MJA) seeking to overturn a Criminal Court order that bans the circulation of the documentary "Aisha" and prohibits the public from discussing its contents.
The gag order, issued by Criminal Court Judge Muzammil Nasir, is directed at Adhadhu CEO Hussain Fiyaz Moosa, Editor Hassan Mohamed, and the Prosecutor General’s Office. The order was issued in connection with ongoing criminal proceedings against Fiyaz and Hassan, who are facing charges of Qazf under Section 612 of the Penal Code.
The court order imposes a total ban on the circulation of the "Aisha" documentary within the community. Furthermore, it strictly prohibits any party from directly or indirectly discussing the contents presented in the video.
The MJA filed its appeal on May 14, contending that the order constitutes an obstruction to press freedom and the constitutional right to freedom of expression.
Despite the order being applicable to the general public, the High Court ruled that an appeal can only be lodged by the specific parties to the case. The court justified its refusal to accept the matter on the grounds that the MJA was not a named party in the original proceedings.
The MJA has argued that since the Criminal Court order targets the entire community, it infringes upon the fundamental rights of both the general public and journalists. The association emphasized that a blanket ban on the dissemination of specific information is unacceptable in a democratic society.
The court order has drawn widespread criticism, with experts questioning its legal validity. Legal professionals have noted that extending such a restrictive order to the entire population, beyond the immediate litigants, directly conflicts with the freedom of expression guaranteed by the Constitution.
