Media Industry Development Act 2010 Explained

Short Title:Media Industry Development Act 2010
Citation:Decree No. 29 of 2010
Territorial Extent:Fiji
Date Passed:25 June 2010
Amended By:2015[1]
Date Repealed:6 April 2023
Status:Repealed

The Media Industry Development Act 2010 (MIDA) was a law of Fiji which regulates the media. The law was promulgated by the military regime which seized power in the 2006 Fijian coup d'état, in the wake of the 2009 Fijian constitutional crisis, and required media organisations to be 90% Fijian-owned and forbade news reporting "against the national interest or public order", with repressive fines and jail terms for breaches.[2] [3] It established the Media Industry Development Authority of Fiji to enforce the military regime's standards. Originally passed as a decree, it was later renamed an Act.[4]

A draft of the decree was announced in April 2010, with a compulsory meeting of media organisations required to give feedback on it.[5] The draft threatened jail terms of up to five years for journalists reporting "against the national interest or public order", and was condemned by international human rights organisations.[6] A final version with reduced penalties was promulgated in June 2010.[7]

The law was amended in 2015 to remove the $1,000 fine for journalists breaching the decree.[8] The amendments also permitted foreign pay-TV services provided they screened no local content other than advertising, excluding advertising by political parties, NGOs, foreign governments or multi-lateral agencies.

The United Nations Human Rights Council urged reform of the law to respect freedom of the press in Fiji's 2019 Universal Periodic Review.[9]

Repeal

In the leadup to the 2022 Fijian general election both the National Federation Party and People's Alliance promised to review the Act.[10] Following the election, the new coalition government led by Sitiveni Rabuka promised that the law would be repealed and replaced.[11] In January 2023 Minister for Communications Manoa Kamikamica announced a review of the Act,[12] and in February Attorney-General Siromi Turaga publicly apologised to journalists for the oppression they suffered under the Bainimarama regime.[13] later that month, in his maiden speech, Prime Minister Sitiveni Rabuka committed to end the era of "media oppression".[14] The government released a draft bill in March, which retained restrictions on foreign ownership but removed content restrictions.[15] The proposal was rejected by Fijian media organisations, who called for complete repeal.[16] [17] On 29 March 2023 the Fijian government announced that the law would be repealed entirely.[18] [19]

A bill to repeal the Act was introduced into the Parliament of Fiji on 3 April 2023.[20] The bill was passed and the Act repealed on 6 April 2023.[21] [22] [23]

External links

Notes and References

  1. Web site: Media Industry Development (Amendment) Act 2015 . PACLII . 14 July 2015 . 29 March 2023.
  2. The Fiji media decree: A push towards collaborative journalism . Dutt . Reggie R. . Pacific Journalism Review . 16 . 2 . 2010 . 81–98 .
  3. Web site: Fiji’s repressive media decree takes effect . Committee to Protect Journalists . 28 June 2010 . 29 March 2023.
  4. Web site: Media Industry Development Act 2010 . Laws of Fiji . 29 March 2023 . This was promulgated as Decree 29 of 2010. In accordance with section 3 of the Interpretation Act 1967, the word "Decree" used with reference to any such "Decree" in the title or provisions of any written law or in any document or legal proceeding may be replaced with the word "Act"..
  5. Web site: Fiji’s draft media decree threatens long-term restrictions . Committee to Protect Journalists . 7 April 2010 . 29 March 2023.
  6. Web site: Proposed Fiji media law threatens journalists with jail . Amnesty International . 12 April 2010 . 29 March 2023.
  7. Web site: Fiji promulgates media law further restricting press freedom . International Press Institute . 30 June 2010 . 29 March 2023.
  8. Web site: Association Welcomes Decree Amendment . Fiji Sun . 11 July 2015 . 29 March 2023.
  9. Web site: UN urges Fiji to amend Media Decree . RNZ . 12 February 2020 . 29 March 2023.
  10. Web site: Coalition will review MIDA . Fiji Times . 20 May 2022 . 29 March 2023.
  11. Web site: Media Industry Development Act – ‘It will be repealed, replaced’ . Fiji Times . 31 December 2022 . 29 March 2023.
  12. Web site: Media law up for ‘review’ . Fiji Times . 30 January 2023 . 29 March 2023.
  13. Web site: A-G apologises to media – Abuse journalists endured under Bainimarama government’s reign . Fiji Times . 10 February 2023 . 29 March 2023.
  14. Web site: Government assurance to end era of media oppression . Fiji Times . 14 February 2023 . 29 March 2023.
  15. Web site: New draft Bill proposes to preserve the elements of media ownership regulation and registration under MIDA for now . Fiji Village . 20 March 2023 . 29 March 2023.
  16. Web site: Media organisations call on the govt to repeal the Media Industry Development Act . Fiji Village . 23 March 2023 . 29 March 2023.
  17. Web site: Repeal draconian MIDA Act, say media and journalism stakeholders . RNZ . 28 March 2023 . 29 March 2023.
  18. Web site: Fiji to scrap media law for 'growth and development' of independent journalism . RNZ . 29 March 2023 . 29 March 2023.
  19. Web site: MIDA repeal a win for democracy and media freedom – Fijian Media Association . Fiji Village . 29 March 2023 . 29 March 2023.
  20. Web site: Fiji's longest running newsroom looks forward to 'draconian' media law 'kicked out' . RNZ . 5 April 2023 . 5 April 2023.
  21. Web site: Media Industry Development Act repealed . Fiji Village . 6 April 2023 . 6 April 2023.
  22. Web site: MIDA Act 2010 repealed on floor of Fiji parliament . Fiji Times . 6 April 2023 . 6 April 2023.
  23. Web site: 'One for the ages': Historical day for Fijian journalism as 'draconian' media law scrapped . RNZ . 6 April 2023 . 6 April 2023.

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