The Maldives Journalists Association (MJA) has filed a case at the High Court seeking to overturn a Criminal Court order banning the broadcast of a video documentary.
In its petition, MJA argued that the Criminal Court issued the gag order without citing any section of the Criminal Procedure Code. The association said the order violated Articles 42 and 56 of the Constitution and referred to a Supreme Court ruling in the case of Ahmed Ismail v. Latheefa Ali Hassan Ghaziyya.
MJA stated that the order applied broadly to all Maldivians, raising concerns that people discussing the Aisha documentary could face contempt of court charges. The association argued that the order violated Article 44 of the Constitution by failing to clearly define or explain its scope.
According to MJA, there is no law under Articles 16, 68, and 69 of the Constitution that grants courts such wide powers to restrict fundamental rights. The association therefore described the Criminal Court’s order as unlawful.
MJA also noted that the Prosecutor General did not support the order and said the state had previously taken a different position in similar court cases.
The association further argued that the order restricted freedom of expression and freedom of the press guaranteed under Articles 27 and 28 of the Constitution, while also violating the public’s right to information under Article 29.
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