Constitution Bill guarantees freedom of speech, publication and access to information with certain limitations

Constitution Bill guarantees freedom of speech, publication and access to information with certain limitations
Image: Fiji Parliament

The Constitution Amendment Bill tabled in Parliament proposes every person has the right to freedom of speech, expression, thought, opinion and publication under Section 20.

This include freedom to seek, receive and impart information, knowledge and ideas, freedom of the press, including print, electronic and other media, freedom of imagination and creativity and academic freedom and freedom of scientific research.

The Bill says freedom of speech, expression, thought, opinion and publication does not protect— propaganda for war, incitement to violence or insurrection against this Constitution; or 24 Constitution (Amendment) of 2026  advocacy of hatred that is based on any prohibited ground of discrimination listed or prescribed under section 29 and  constitutes incitement to cause harm.

It stresses that a law may limit, or may authorise the limitation of the rights and freedoms in the interests of national security, public safety, public order, public morality, public health or the orderly conduct of elections, the protection or maintenance of the reputation, privacy, dignity, rights or freedoms of other persons, including the right to be free from hate speech, whether directed against individuals or groups and the rights of persons injured by inaccurate or offensive media reports to have a correction published on reasonable conditions established by law, preventing the disclosure, as appropriate, of information received in confidence, preventing attacks on the dignity of individuals, groups of individuals or respected offices or institutions in a manner likely to promote ill will between ethnic or religious groups or the oppression of, or discrimination against, any person or group of persons,  maintaining the authority and independence of the courts; imposing reasonable restrictions on the holders of public offices in order to secure their impartial and confidential service, and regulating the technical administration of telecommunications.

The Bill states that in this section, “hate speech” means an expression in whatever form that encourages, or has the effect of encouraging discrimination on a ground listed or prescribed under section 29.

Meanwhile, the Bill states every person has the right of access to information held by any public office.

The Bill says every person has the right to the correction or deletion of untrue or misleading information that affects that person.

It states to the extent that is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection and may regulate the procedure under which information held by a public office may be made available.

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