The Chairman of the Parliamentary Committee on Justice, Law and Human Rights says the Parliamentary Powers and Privileges Bill does not stop people from criticizing members of parliament and the government.
Ashneel Sudhakar who is leading the committee which is now taking public submissions, says Section 24 of the bill regarding defamation of parliament is very clear.
Section 24 of the proposed law says that any person whose words or actions defame, demean or undermine the sanctity of parliament, the Speaker or a committee commits an offence and is liable upon conviction in the case of a natural person, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 5 years or to both.
If a body corporate is found guilty of doing the same, they can be fined upto $100,000 or face prison terms for each director and manager not exceeding 5 years, or face both penalties.
Sudhakar says there is no special protection to Members of Parliament in the section.
Some lawyers have also told Fijivillage that this section deals with malicious and defamatory comments and does not stop people from criticizing parliament or government.
However Suva lawyer, Richard Naidu of Munro Leys has reportedly said it was unthinkable in any democracy that there should be a law which prevented people from criticizing Parliament.
Naidu says the bill is so vaguely worded that a person could be prosecuted for saying virtually anything about Parliament.
Sudhakar says this is misleading as people can still raise issues regarding parliamentarians.
Fijivillage has also gone through the current Parliamentary Powers and Privileges Act which has been in place since the 1970s.
Section 20 of the law says that anyone who insults officers of parliament, utters or publishes any false or scandalous slander or libel on Parliament or upon any member in his capacity as such; shall be guilty of an offence and liable on conviction to a fine not exceeding $400 or, in default of payment thereof, to imprisonment not exceeding two years or to such imprisonment without the option of a fine or to both such fine and imprisonment.
Meanwhile the Citizens Constitutional Forum was the first organization to make their submission on the Parliamentary Powers and Privileges Bill this afternoon.
CCF CEO, Sara Bulutani says they do not want the bill as the Forum believes that this will stop citizens from criticizing parliamentarians.
Bulutani also raised the issue that the Speaker’s decision on the punishment handed down to a citizen cannot be reviewed by a court.
Sudhakar made it clear after the CCF submission that people can still criticize the parliamentarians and there is no special protection.
He also says that the Speaker will not decide on punishment as the matter will be heard in a court of law after investigations.
