The new Evidence Act of Maldives (Act no. 11/2022) has come into force and repealed the previous Evidence Act (Act no. 24/76) and the Women’s Testimony Act (Act no. 14/72). 

According to the Evidence Act, certain steps must be taken while acquiring evidence in both civil and criminal cases, as well as when submitting, accepting, and analysing evidence. One of the primary purposes of the Act is to ensure that the necessary evidential procedures are detailed. 

The Evidence Act also states that unless it relates to terrorism crimes and reasons of national security, Section 136 of the Evidence Act forbids to order source disclosure on journalists or media agencies. The Act stipulates that court mandated source disclosure can only be granted in particular instances and only where the requirements indicated in Section 136(b) are met to the civil burden of proof, even in cases where the information may fall under the exclusions mentioned. In that regard, Section 136(b) of the Evidence Act provides the following comprehensive list of factors for the judge to consider in ordering disclosure of the source. 

1. Circumstances where an act of terrorism or an offence relating to national security has been committed, is being committed or will be committed (if not for the intervention);
2.  Circumstance poses an immediate threat to life, body or property;
3. Public interest in disclosing the source prevails over interest in non-disclosure of the source by the journalist;
4. Circumstances present a high possibility of a miscarriage of justice, whereby the suspect or defendant gets an undeserved penalty or is unable to defend their case, on the account of the journalist not disclosing the source;
5. Knowledge of the journalist’s source is integral to the case and has a direct connection to the case;
6. The source has not been discovered after reasonably attempting to discover it through any other means not involving the journalist or the media agency where the journalist works; 
7. Information presented by the journalist which has been obtained from the source, is such information which is known to have no basis; and
8. Request for disclosure was not intended to infringe upon or harm journalism.

Several organisations including Amnesty International, Centre for Law and Democracy, CIVICUS: World Alliance for Citizen Participation Committee to protect Journalists, Human Rights Watch, International Federation of Journalists, Maldives Journalist Association, Maldives Editors Guild, Reporters Without Borders and Transparency Maldives, has criticised section 136 of the Evidence Act and stated that Article 136 uses “vague and overbroad terms such as acts of terrorism and national security related crimes” which “fails to respect international standards for restrictions on freedom of expression” The organisations have called on the government of Maldives to repeal or amend the provision in the Evidence Act.  

The government in its press statement of July 21 2022, referring to the The International Covenant on Civil and Political Rights (1966) and the The European Convention on Human Rights (1950), stated that “International human rights law provides for limitation of rights, subject to tests of necessity in a democratic society and proportionality to the legitimate aims of the rights”. 

The government also guaranteed the preservation of the rights of journalists guaranteed by Articles 27, 28, and 29 of the Constitution and reaffirms its commitment to refraining from any actions that would jeopardize or restrict the country’s press freedom.

On 14th September 2022, the President, announced his decision to amend the Evidence Act, in order to address the concerns of the journalists.