There has never been a favourable environment for journalism and journalists in the Maldives. Journalists have faced challenges in every government since the dictatorship of President Maumoon Abdul Gayoom before Maldives adopted the Green Constitution.

But every leader comes to power with the help of journalists and as a "friend" of journalists. The incumbent President, Dr. Mohamed Muizzu came to power in the same way.

He pledged to protect the freedom of the press after winning the presidential election and taking the oath of office.

"In our government, the media will be very free, it can expand on its own, without any obstacles, and the government, myself want to do a lot for the media. To make the media into one that grows with full assistance," he said on October 4, 2023.

However, not many days into the new government, many journalists and right to information activists have become concerned. Firstly, two news websites were blocked abruptly.

Next, we saw the dropping of advertisements for news sites that do not praise the government and a planned anti-campaign on social media. Thirdly, the government began withholding information. The law is being abandoned and information is being withheld to a worrying extent.

Meanwhile, the government is now trying to include secret amendments to the Right to Information Act under the legislative agenda. The government is also trying to introduce a new journalism law for the first time which could have ways of punishing journalists.

Withholding information and preventing accountability

In the first days of his government, President Muizzu said that no journalist would have to submit a complaint to the government under the Right to Information Act. He promised to attend to the matter himself if information is not provided duly.

"There will be nothing to hide and unaccountable. Information will be shared. If you, for example, encounter such a situation, just let me know. I am sure [such a situation] will not happen," the President said on December 5, "You will not have to submit RTI. I don't think you would ever need to. You will get all the information. There will be no restraint on anything."

But the government and the President's Office are working against President Muizzu's promise. Getting information from the government is no longer easy. Aiman Latheef, project coordinator of the Association for Democracy in the Maldives, is one person who faces this challenge.

"Not only this government. The President's Office has not been very helpful since the law came into force. It has not disclosed the information on its own initiative. It is not easy to get information from any government," Aiman told Adhadhu.

However, Aiman believes that the lack of respect for the Right to Information Act has reached a worrying level under Muizzu's government.

"In this term, besides not giving information, they do not even come to the hearing. When asked to give the information, they do not give it, they do not appeal. They do not give any answer. There is no care about the law to any extent now."

That is one of the reasons why there are concerns as the government is trying to amend the Right to Information Act. It is a government that wants to withhold so much information that wants to bring these reforms. Another reason is that the proposed amendments have not been disclosed. The government has not shared the amendments with any journalist or the Information Commissioner's Office.

"The government says it has no intention of limiting the powers in this law. But I don't expect the powers of the law to be strengthened. That is because the institutions do not obey the law," Aiman said. "[The lack of transparency] means to me that the amendment is not in consultation with the people involved. An amendment without consultation does not seem to be a good amendment."

Journalism law: a major step backwards

Journalism is a fundamental right guaranteed by the Green Constitution. Experts say that a law on a fundamental right is usually made to restrict that right.

But the government claims it is not trying to withhold any rights. However, Attorney General Ahmed Usham has already said that there may be parts about punishing journalists when the law comes into force.

"I will do this after consulting the Broadcasting Commission, the Media Council and the journalists. So whether it will include punishment or not, for example, some of you may want to include punishment. So I cannot say I will not include punishment," Usham explained at a press briefing on June 13.

There are further concerns as the Attorney General has said that the law may provide for action against journalists if journalists want to. This is because of the current state of journalism. There are more than 200 news sites registered in Maldives that are not active on a regular basis. Experts say some of these sites are run by political people.

"There are around six news websites operated professionally. Most of them are running in a certain way and under the control of some people. So, they will want to punish those who do journalism properly," an editor of a major newspaper with 20 years of journalism experience told Adhadhu.

He believes that a press law is not being passed to protect journalism. One of the reasons is that the punishments for journalists are already defined in other laws. The Defamation Act is one of them.

“There doesn’t seem to be an intention to promote the press in a safe and dignified manner,” he says.

Another opponent of the journalism law under the government's legislative agenda is Ahmed Zahir (Hiriga), managing editor of Dhauru news. He does not think there is a need for a law on journalism.

"We don't need a law on journalism. This is not done in civilized societies. Rights related to journalism are given through laws like RTI, Copyright and Privacy Act. I think making a separate law for journalism is a step backwards," Zahir said.

Zahir also expressed concern over the Attorney General's mention of punishment when a new journalism law is introduced while holding journalists accountable and taking action against them is already stipulated in other laws.

"Journalists do not operate above the law. Journalists can be punished already. If they spread misinformation or lie, they can be punished under the Media Council Act. The council can ask them to correct the information. If not, the media council will issue a statement. There are also ways against defamation in the law," said Zahir, who has worked in the field of journalism for 35 years.

This article was first produced in Dhivehi by Adhadhu's Hassan Mohamed.