Freedom of Peaceful Assembly Act

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Document Information:

Year: 2013
Country: Maldives
Language: English
Document Type: Domestic Law or Regulation
Topic:

Unofficial Translation of the Freedom of Peaceful Assembly Act, Maldives

Act No. 1/2013

Freedom of Peaceful Assembly Act

Chapter O ne
Introduction
Introduction and
Name
1. (a) This Act states the limitations of the Freedom of Peaceful Assembly Act
empowered by Article 32, of the Constitution.

(b) This Act from herein will be referred to as the ‘Freedom of Peaceful
Assembly Act’.
Purpose of
this Act
2. Purpose of the constitution is to achieve the following
(a) As Article 32 of the constitution states that everyone has the right to
freedom of assembly without prior permission of the state, this will further
explain the rules and regulations of such assemblies.

(b) As Article 20, closure 1 states in the International Human Rights
Declaration, Rights of Freedom of peaceful assembly in the Maldives shall
be stated.

(c) As Article 21 states in the International Civil and Political Rights
Declaration, Rights of Freedom or Peaceful Assembly in the Maldives shall
be clearly st ated.

(d) As Article 20 states in the International Civil and Political Rights Declaration
and with reference to article 16, clause 1, in the Maldivian Constitution,
limitations of rights of freedom of assembly shall be stated .

Fundamentals
of the Act
3. This constitution will foresee maintaining and upholding the articles below
(a) Right to practice freedom of peaceful assembly is fundamental
constitutional right of every individual, and shall be done so without

disrupting religion.

(b) Freedom of peaceful assembly is constitutional right of all government
bodies and individuals.

(d) Citizens of different beliefs, and ideas should be allow ed to practice
Freedom of Peaceful Assembly together, for the betterment of the
country.

(e) Freedom of Peaceful Assembly should be practiced in accordance with the
rules and regulations of this constitution .

What this
constitution
defends 4.
(a) This constitution defends the rights of all citizens to practice freedom of
peaceful assembly .
(b) Any reference to the practice of ‘Freedom of Assembly’ in this constitution
herein is reference to Freedom of Peaceful Assembly in the Maldives.

(c) For the benefit of this constitution, a gathering shall be accepted as a
peaceful gathering by how the people behave, talk and protest. Violence
or use of any sort of gadgets /instruments that can harm an individual will
not be accepted within the boundarie s of the peaceful gatherings.

(d) This constitution will not foresee any of these below mentioned matters.

(1) Gatherings/meetings organized by national institutions

(2) Any gatherings organized and carried out by any other constitutions

(3) Events regarding Business, Sports, and cultural activities

Concept/Idea 5. (a) The concept/idea of this constitution will be found in Chapter two

(b) Article 61 will state the clear meanings of all the terms of this constitution

Chapter Two
Glossary of Concept
Fundamentals of
this concept
6.
The concepts and notions attained in this constitution is in a manner so that
fundamentals of this constitution are maintained. Each article of this constitution
shall be understood in a way the me anings are not mislaid.

Assembly 7. ‘Assembly’ here implies conditional gathering of more than one person, at the

same venue, protesting against the same issues, in a peaceful manner.

Temporary
Assembly 8.
Temporary assembly can be obtained only through foreseeing the limitations
below:

(a) To ensure the time frame of any gathering in order to avoid social and
public disruptions.

(b) Hold no limitations or time frames of any gatherings if no such obstacle is
being crossed.

Observing Peace 9. (a) Observing Peace at gatherings will be considered as such if the
organization/institution foresees it as such, and inform senior authorities
that no civil unrest will take place during the assembly in any form.
Civilians participating in a Peaceful Assembly shall not use any form of
arms, or weapons that may be of danger to others, and/or individual’s
properties.

(b) Occurrences of any of these acts will not subject the gathering to anything
less than a peaceful gathering:

(1) Freedom of speech is any individual’s right, and hence, having
different opinions, or views at the same Assembly will not subject
the assembly to less than a peaceful Assembly.

(2) Freedom of Peaceful Assembly should be practiced so other
individual’s properties or material goods are not harmed in any way.

Protesting
10.
Protesting/Rallying by means of walking, using vehicles on wheels, and if by sea –
through means of boats/dhonis.

Violent a cts 11. Violent Acts refers to any individual s, property, or material goods, in what is
considered harmful by purpose will be considered as violent behavior.

Chapter Three
Types of Peaceful Assemblies
Types of Assembly 12. Any reference to ‘Assembly’ in t his constitution will also mean:

(a) Assembly at one particular area

(b) Rallying/walking from meeting point to further areas

(d) Gathering at public area

(e) Gathering at public areas where civilians are usually active around

Organized
Assemblies 13.
Organized assemblies are such that have been pre – organized, and received
approval from the Police, and other establishments.

Spontaneous
Assemblies
14. Spontaneous Assemblies are such that have not been organized prior, without
giving any notice, or warning to the State Police or any other institutions

Simultaneous
organized
Assemblies 15.
Simultaneous organized Assemblies are such that have been pre -organized by
different parties, regarding different issues, and held at the same venue/area

Counter action 16. Counter action of Peaceful Assemblies are those which are organized by people
who want disagree with what one group is rallying against.

Chapter Four
Organizing Peaceful Assemblies
Prioritizing
Freedom 17.
(a) Freedom of Peaceful Assembly is every civillian’s fundamental right, and as
such this constitution will work to lessen the debacles when organizing a
peaceful gathering.

(b) Should required, the State Police, and other institutions will be able to
barricade the gathering of people as the constitution reads.

(c) Unless stated otherwise, everything that states legal will be a fundamental
right of every citizen as per this constitution .

(d) Freedom of Peaceful Assembly should be read as stated in the
constitution, without any barriers and with full understanding of the fact
that what is legal in the constitution will be made legal and can be used to
its maximum advantage .

Responsibility of
the Government 18.
(a) To uphold and fight for the rights of Freedom of Peaceful assembly would
be the duty of this nation

(b) Any other organization of this country shall not be able to make
compromises for this constitution of Freedom of Peaceful Assembly.

(c) It is the right of all government bodies to help, spread the word, and
increase awareness as stated in the constitution, (unless stated otherwise)
when calling for peaceful gatherings.

Chapter Five

5
Participating Assemblies

Participating
assemblies 19.
(a) Taking part in peaceful assembly

(b) Every individual has a right to partake or withdraw from a peaceful
gathering according to their wishes

Rights of
participants in
Peaceful
Assemblies

20. Rights of participants in Peaceful Assemblies are:

(a) Individuals taking part in the gatherings should be subject to voice out, and
vote for any decisions made at the assembly

(b) Individuals are allowed freedom to walk out of an assembly/gathering
should they wish to

(d) to write up and draw petitions to any institute of the government

(e) To be prepared for any counter – attacks the opposition may come up with

(f) to be prepared for any civil unrest or attacks that may come up

(g) Individuals will not be detained or prosecuted just for taking part in a
peaceful assembly

Responsibilities of
the participants of
the assembly
21. (a) Responsibilities of individuals taking part in peaceful assembly – should be
to follow all laws when taking part in a peaceful gathering

(b) When taking part at a gathering, individuals are not allowed knives,
swords, weapons, batons, metal rods, bleach, kerosene, pepper, or any
sort of pepper, acid, explosives or any weaponry from the Military
weapons shall not be used.

(c) When in a gathering, individuals are not allowed to hide their faces – if not
their regular attire – under any circumstances

Rights of the
organizers of the
gathering
22. Individuals/committees who arrange Peaceful gatherings – shall have the
following rights:
(a) Freedom to choose the date, time, and venue of gathering

(b) The form of this gathering

(d) Freedom to choose the leader/head person to lead this gathering

(e) Freedom to choose any individual who will commence and end the
meeting

(f) Freedom to choose speakers who will speak, the order in which they will,
and how to choose the speakers

(g) Behavior of individuals/ and groups of people at the gathering

(h) Freedom to divide groups and choose a leader for each group

(i) Freedom to organize activities to raise financial aid for these gatherings

(j) Organize ways to set up temporary tents, stages, and other
useful/important details of this gathering

(k) Unless stated otherwise in this constitution, are allowed to use loud
speakers, microphones, vehicles, video and audio clips at the gatherings

(l) Arrange details of the gathering so as to not disturb other civilians and
their routines

(m) Work with the State Police to organize and manage safety of the people at
the gathering and others

(n) Should any individual is in harm’s way, the organizer shall find means of
righting the situation

(o) Spread news of the gathering through all social media available, and
possible

Responsibilities of
the Organizer of
Peaceful
Assemblies 23.
Responsibilities of the Organizer of Peaceful Assemblies are as follows:

(a) when organizing peaceful gatherings, find ways to do so without creating
social disturbances or civil unrest

(b) work with the Police to map out the roads that will be blocked due to the
gathering

(d) Special Vehicles previously agreed upon by the organizers to be let into the
area of the gathering

(e) find ways to maintain cleanliness

(f) If at night, work with the police in maintaining the loudness and volume of
events at the gathering

(g) If the gathering is within boundaries of a mosque, school, or a hospital,
maintain with the police a volume limit and avoid use of microphones and
speakers

(h) freedom to receive information on a peaceful gathering, and freedom to
spread said information

Chapter Six
Pertaining to place and time
Location of
assembly 24.
(a) It is not obligatory that a gathering be held at a particular place unless
otherwise stated in this Act.

(b) Despite the provisions of article a, the following locations are prohibited
from being used for any gathering, march or vehicle rally unless with prior
approval of the Police. In granting said approval the Maldives Police
Service should seek and act in acc ordance with the advice of the Maldives
National Defense Force.

(1) The area comprising 300 feet in front of the northern boundary wall
of the Maldivian National Defense Force Head Quarters, the area
comprising 200 feet from the western boundary wall, the area
comprising 200 feet from the eastern boundary wall and the area
comprising 150 feet from the southern boundary wall.

(2) The area comprising 50 feet from the northern boundary wall of the
Maldives Police Services Head Quarters, the area comprising 500
feet from the southern boundary wall, the area comprising 100 feet
from the eastern boundary wall and the area comprising 50 feet
from the southern boundary wall.

(3) The area comprising the compound and 100 feet from every side of
all other Defense Centers except the Head Quarters of the Maldivian
National Defense Forces.

(4) The area comprising the compound and 250 feet from each side of

the President’s official residence.

(5) The area comprising the compound and 100 feet from each side of
the Vice President’s official residence.

(6) The area comprising the compound and 100 feet from each side of
the Maldives Monetary Authority’s head offices.

(7) Tourist resorts, ports and airports of the Maldives.

(1) The area comprising the compound and 50 feet from every side of
all other Police Stations except the Headquarters of the Maldives
Police Service.

(2) if there is a mosque in proximity to a gathering an area comprising
the compound and 50 feet from every side of the mosque.

(3) If there is a school in proximity to a gathering, an area comprising
the compound and 50 feet from every side of the school.

(4) If the gathering is going to take place near a court of law, an area
comprising the compound and 50 feet from every side of the court.

(5) If the gathering is to take place near the President’s Office, an area
comprising the compound and 50 feet from every side of the Office.

(6) If the gathering is to take place near the People’s Majlis, an area
comprising the compound and 50 feet from every side of the Majlis.

(7) If the gathering is to take place near a hospital, an area comprising
the compound and 50 feet from every side of the hospital.

(8) If the gathering is to take place near a diplomatic mission
established in the Maldives, an area comprising the compound and
50 feet from every side of the mission.

(d) Despite the provisions of article c, this Act will not restrict marches along
areas not closed off by the police.

Time 25. (a) It is not obligatory that a gathering be held at a particular time unless
otherwise stated in this Act.

(b) If the police sees that, in special circumstances, a particular gathering at a
particular place, at a particular time cannot be conducted within the ambit
of this Act, the police shall then inform the organizers of the gathering of

an alternative time to h old the gathering such that it does not affect its
form or purpose.

(c) If a gathering is to be held near a school during school hours or during
exams, or if a gathering is to be held near a hospital, the noise of the
gathering should not be heard within the school or hospital. If a gathering
is to be held near a mosque, the n oise of the gathering should not be
heard at the mosque during prayer times. If the gathering is to be held
near a school, hospital or mosque, loudspeakers of any sort may not be
used within 50 feet of their parameters.

Sight and Sound 26. (a) As gather ings are held to give a particular message to a particular party,
the organizers of the gathering can hold it at the closest possible site that
can convey the sight and sound to the party that they wish to convey the
message to, unless otherwise stated in the Act.

Ch apter Seven
Giving Notice
Giving Notice 27. (a) It is not obligatory to seek permission to hold a specific gathering

(b) Despite the provisions of (a), in the event of a pre -planned gathering,
organizers shall give notice of the intention to hold a gathering to the
police.

(d) The purpose of giving notice as specified in article (b) is to allow the police
sufficient time to take the following actions in relation to the gathering

(1) make arrangements to ensure the gathering is peaceful

(2) make arrangements to protect the rights of others

(3) allow sufficient time to prepare to take measures to maintain public
security and peace

(4) Allow sufficient time for police to inform organizers of the need to
impose any restrictions to the gathering as required under this Act,
as the police deems necessary.

(5) allow sufficient time for any party to file in court if they have any
issue with orders issued as specified under (4) of this article

How to give the
notice
28. The police shall make arrangements to, and publicly announce detailed
procedures on how to give no tice of gatherings through letters, email or text

messages

Information
included in the
notice 29.
The following information shall be included in a notice regarding a gathering
(a) details of the police station receiving the notice

(b) reason for gathering

(d) area of gathering

(e) Whether any roads will be used for the gathering

(f) name and address of organizers

(g) Phone number

(h) Date and Time of notice

Period of Notice 30. (a) Notice shall be given a minimum of 36 hours prior to when the gathering
shall take place

(b) The duration as specified under article (a) is required to allow the police
sufficient time to make the necessary arrangements in relation to the
gathering, to inform organizers of any restrictions if the police decide to
impose any and to allow sufficient time for organizers to file in a judicial
court if they have any issues with such imposed restrictions.

Exemption of
notice during
emergencies 31.
(a) The procedure to give notice as specified under article 27 of this Act shall
not apply to impromptu ga therings.

(b) If an impromptu gathering is peaceful, the gathering shall be protected and
facilitated by the police from when they are first made aware of the
gathering

(c) This Act prohibits preplanned gatherings from being held as impromptu
gatherings in order to avoid the procedures for giving notice and exploit
procedures that do not require giving notice. As gatherings are considered
impromptu only if they occur in relat ion to a sudden event, sudden events
shall be interpreted narrowly.

Organizing the
Assembly 32.
(a) Organizers of a preplanned gathering shall hold preparatory discussions
with the police after giving notice and prior to the gathering

(b) The preparatory discussions as specified under (a) shall focus on the
following areas

(1) how the gathering has been planned and measures to deal with any
possible hindrances to public security

(2) how to identify organizers of the gathering

(3) how police would be arranged at the scene

Chapter Eight
Restrictions to assembly
Situations where
freedom of
assembly may be
restricted

33. (a) As article 21 of the International Covenant on Civil and Political Rights
states that restrictions to freedom of assembly which are necessary in a
democratic society to ensure the following interests may be imposed in
conformity with the law, the interpretation of and extent of these interests
in the Maldives is specified in this chapter

(1) a threat to national security

(2) maintaining public safety

(3) establishing public order in conformity with legislation

(4) protecting public health

(5) protecting public morals

(6) protecting the rights and freedoms of others

(b) In order to protect the interests as specified in (a), the freedom of
assembly may be restricted to the extent required to protect these
interests.

(c) Article 24 (b) and articles 36 -41 of this Act specify how restrictions may be
imposed under (b) to protect the interests specified in (a).

Procedures to
restrict freedom
of assembly
34. Freedom of assembly may be restricted under the following procedures.

(a) a valid reason specified under legislation

(1) Any restrictions to freedom of assembly can only be imposed with
clear reference to legal provisions which allow such restrictions

(2) any imposed restrictions based on the reason specified under this

article's (a) 1. shall be in conformity with human rights principles.

(3) the provision mentioned in this article's (a)1 shall be one which can
be clearly identified as being applicable to a specific action or how
an act is carried out by the organizers

(b) Appropriate extent
Any measures taken to restrict the freedom of assembly shall only
extend to the extent required to protect interests that require
protection. The measure shall also cause minimum disruption to the
achievement of the gathering's objectives.

(2) Gatherings held in a similar manner shall be treated the same.
gatherings held in a similar manner shall not be treated in different
ways.

(3) Measures by the police or other state authority relating to the
freedom of assembly shall not be measures taken to discriminate or
privilege a certain group of people

Situations where
freedom of
assembly cannot
be restricted
35. unless otherwise specified in this Act, the following reasons by themselves shall
not be grounds to impose restrictions
(a) Area of gathering

(b) Time of gathering

(d) Number of participants in the gathering

(e) lack of an organiser at an impromptu gathering

(f) lack of prior notice at a pre -planned gathering

(g) another gathering take place at the same time or a counter protest being
held at the same time

(h) A state or other government function being held at the same site as the
gathering

(i) a sporting event or celebration taking place at the same time and place of
the gathering

(j) calling for a certain party's resignation or discussion of changing the
government through legal means

(k) a gathering which requires prior closure of public streets and roads

(l) a gathering which has not been provided with sufficient protection but he
police

Standard for
Threat to National
Security
36. The standards relating to national security shall be imposed only within the limits
specified under article 274 (a) of the Constitution. That is, if there is a threat to
the independence and sovereignty of the Maldives, or a threat of major damage
to peopl e’s lives, limbs or property. This includes terrorist attacks and acts of
aggression committed using weapons. This, however, does not include the
exercise by citizens of their legal
rights to conduct peaceful activities in support of, or against various m atters
without c ontravening the law.

Standards for
maintaining public
safety
37. Standards for maintaining public safety shall only be implemented to restrict the
freedom of assembly in instances in which the police are empowered to take
measures in connection with criminal offenses under respective legislation.

Standards for
establishing public
order
38. Standards for establishing public order shall only be implemented to restrict the
freedom of assembly only in instances in which the police are em powered to take
measures in connection with criminal offenses under respective legislation.

Standards for
protecting public
health

39. Standards for protecting public health shall only be implemented to restrict the
freedom of assembly only in instances in which the spreading of a dangerous
sickness or a dangerous infectious disease has been announced, in order to
protect the people from such in compliance with respective legislation.

Standards for
protecting morals
40. Standards for protecting morals to restrict the freedom of assembly shall be
implemented as per the ambit of the Anti Social Behaviour Act, Law No. 11/2010.

Standards for
protecting the
rights of others 41.
While this Act concedes that the temporary loss of a freedom or a right of
anot her in connection with a gathering is in the nature of such gatherings, it also
believes that this should occur to a reasonable extent. Thus, this Act allows police
to order organizers to undertake one of the the following measures in the event
that rights of others are repeatedly violated due to the gathering being held in a
specific location.

(a) curtail the duration of the gathering

(b) maintain a specific level of noise

(d) refrain from using loudspeakers

(e) limit the gathering to a specific area

(f) issue order to refrain from the use of foul language

(g) issue order to refrain from holding the gatherings at specific times

Notification of
restrictions 42.
(a) If any restrictions are to be imposed regarding a pre -planned gathering, a
notification to the effect, with detailed justification, shall be provided to the
organizers within 12 hours after the polic e receives notice of the gathering.

(b) If the organizers believe the restrictions imposed through the notification
issued in accordance with (a) are in violation of this Act, they shall have the
opportunity to file a case in court requesting a court ruling on the matter.

(c) If a case is filed in court in accordance with (b), the court shall issue a ruling
within 12 hours of the case being filed at court.

(d) If any restrictions are to be imposed regarding an impromptu gathering,
organizers of the gathering shall be informed by the police as soon as is
possible after the police are made aware of the gathering. If organisers
have issues with the restrictions such imposed they shall have the power to
file a court case. If such a case is filed in court, the court shall make a
decision on the case as soon as is possible and no later than 12 hours after
the case was filed.

Measures the
police cannot take
43. unless otherwise specified in this Act, the police cannot undertake the following
measures in imposing restrictions to any gatherings

(a) Ordering that a gathering takes place and a specific time and specific place

(b) Make changes to the route of a planned march, unless it is for the
protection of participants

(d) impose restrictions on participants' engaging in acts which are legal

(e) obstructing media

(f) perform any act to demonstrate support or opposition to the gathering's
participants

(g) Encourage or participate in acts which may appear to create unrest
between participants of one gathering or between participants or two
separate gatherings

(h) Act to disperse a gathering while out of uniform, or with face covered while

not in riot gear.

Chapter Nine
Responsibility
Responsibility of
police 45.
(a) Police shall be answerable, before the law, for any legal responsibility
that they have to undertake with regards to the conduct stipulated in this
Act.

(b) Police shall take all the responsibilities for any dispute that may arise as a
result of any public announcement of any rules or any policy made, or
any action taken on a particular situation that is not in adherence to this
Act

Expenses 46. Any expenses that must be incurred in taking any action by the Police or
any Governmental organization pertaining to the gathering must be
borne by that organization taking the action

Gauge of the
responsibility of
Police
47. The following issues must be taken into consideration by the Police when
taking any action with regard to the gathering
(a) The action must be legitimate
(b) The action must be for the situation in time
(c) The action in response must be equivalent to the situation
(d) The action should not be differentiated among different entities

Protecting the
gathering from
others
48. (a) Police is responsible for taking any action to protect the
participants of every gathering except in situations where it is
explicitly not allow ed by this Act

(b) Police is responsible to arrange plans to ensure there are no
barriers to the gathering, and to isolate, and take action against
any person attempting to carry out brutal action, or attempting
to put off the gathering and any person attempting to disorder
the arrangement of the gathering, during the course of a
gathering.

(c) Police should not prevent or create a barrier to express the
opinions of the participants of the gathering who are expressing
their opinion as stipulated in this Act.

Use of power 49. (a)
If a peaceful gathering loses its order, and there is no possibility
of restoring order, or if a situation give rise to constricting the
right of gathering as stated in this Act and the police had to
disperse the gathering, the decision by the police to disperse the
gathering must be communicated to the organiser of the
gathering. In such situations, priority should be given to
collaborate with the organiser of the gathering to disperse the
gathering.

(b) If the opportunity to act as per clause (a) of this section ceases
exist, and if power is to be used to disperse the gathering, the
power used should be legitimate. And the power exercised
should be equivalent to the severity of the situation. And the
powe r exercised should be reasonable for the situation.

Advice and
Warning 50.
(a)
If power needs to be exercised to disperse a gathering, Police
must advice to the participants of the gathering about the
decision to do so, and to exit the gathering peacefully. This
advice should be repeated three times. After that, a warning
that power is to be used should be announced and repeated
three times before any action.

(b) The time frame to advice the participants to exit the gathering,
and the warning announcement should be a time frame that is
pre-planned.

(c) If the process to disperse the gathering has been initiated, the
process shall continue until the gathering has been fully
dispersed

(d) If a peaceful gathering loses its order, and if order cannot be
restored or the gathering could not be dispersed as per the
process stated under clause (a) of this section, police can
disperse the crowd without advice. However, warning should be
given once , or warning could be given once along with the
process of dispersing the gathering.

Responsibility of
the power
exercised 51.
(a) The power exercised to disperse the gathering should be
equivalent and relevant to the danger of the situation.

(b) In a situation where power is exercised, if the power exercised is
illegitimate, or the power exercised is excessive over the
situation, of the power exercised is not equivalent to the
situation, the entity that committed such an act shall be
responsible to any civil or criminal charges.

(c) If during a situation where the power exercised is not in
accordance with clause (a) of this section, the senior officers
who are in the state of ordering the junior officer to cease the
offence, being in that position, knowingly, and having
reasonable opp ortunity to stop the action, yet did not attempt
to stop the action, shall also be responsible to any civil or
criminal charges.

(d) If a police officer is accused of taking brutal action towards the
soul or body of an individual, then, without any co mplaints from
any other person, the issue must be investigated separately and

independently by the Police Integrity Commission and by the
Human Rights Commission of the Maldives and any findings of
the issue must be announced within 14 days from the date o f
offence. And if the investigation proves such an offence has
been committed, the request to take action for the offence must
be sent to the Prosecutor General.

Responsibility of
the organiser of
the gathering 52.
(a) The organizer of the gathering shall take responsibility only
when they have not taken sufficient action to resolve the
situation where there is a dispute, or an act of violence, or any
damage to property, or harm to individuals. Or, when it is
explicitly announced in the gathering to damage property or
harm individuals and it cannot be seen that the organizer of the
event has taken sufficient appropriate action to stop the act.

(b)
The organizer of the gathering does not have to take
responsibility for the actions of individual entities which are
outside the criteria stated in clause (a) of this section

(c) The organizer of the gathering also does not have to take
responsibility for the actions of non- participants of the
gathering, or anyone attempting to prevent the gathering from
taking place, or anyone attempting to inflict disorder to the
gathering.

Responsibility of
the individual 53.
During the course of the gathering, if an individual breaches the law, or
disobeys a legitimate order, that individual shall take the responsibility of his
actions

Chapter Ten
Media
Providing opportunity to
Media
54. (a) News reporters acting for the purpose of spreading the
information about the gathering, and those news reporters who
are granted the opportunity by this Act, should be accredited
news reporters under the accreditation rule stipulated in clause
(b) of this secti on.

(b) Within three months from the commencement of this Act,
Maldives Broadcasting Commission shall formulate the rules of
accrediting news reporters in gatherings with reference to this
clause of this Act.

(c) While reporting about the actions of the participants of the
gathering, and closely monitoring and reporting about the
actions of the police, any equipment used by the accredited

news reporters should not be purposely prevented from or
damaged by either th e police, or the organisers of the gathering,
or by any participants of the gathering.

(d) It is not a constraint as stipulated under clause (c) of this section
when the police instruct the accredited news reporters to
remain at a distance that does no t obstruct them from reporting
or observing the actions of the gathering, or when the police
contain the news reporters at such a distance while the
gathering is being dispersed or when the police is in the process
of constricting the activities of the gat hering,

(e) Accredited news reporters that are active in the gathering, while
performing their duties should not act in a way that they are
seen to be participating or acting with the members of the
gathering. When it has been noticed that the news reporter is
acting in such a way, the police has the right to consider a news
reporter as a participant of the gathering and take action
accordingly.

Live broadcast 55. (a) If any organizer of the gathering purchase air time to broadcast
live the whole g athering, or if a member of the media take the
initiative to broadcast the whole gathering free of charge, the
live feed should have a minimum delay of 60 seconds.

(b) The purpose of the delay required by clause (a) of this section is
to provide the opportunity to avoid broadcasting any conduct or
speech that is against the broadcasting rules.

(c) If during the live broadcast, an act in breach of the broadcasting
rules transpire, the broadcaster shall take the responsibility of
the offence as stated under the broadcasting Act.

Chapter Eleven
Common practice
Police requesting for
assistance from the
defence force 56.
(a) With regard to the gathering, when the police acting within the
periphery of this Act, request for assistance from the defence
force under law number 5/2008 (Maldives Police Services Act),
the defense force shall act within t he periphery allowed for the
police to operate under this Act.

(b) The involvement, responsibility and the periphery of power
vested on the defense force as stipulated under clause (a) of this
section shall be the equivalent involvement, responsibility and
periphery of power vested on the police under this Act.

Information seekers 57. (a) Governmental organisations, entities protecting human rights
and Independent organisations that are observing and analysing
the gathering shall be granted the freedom to access the
gathering to collect, store and use information of the gathering
and to take pictures, video and audio recording, and to conduct
interviews for the purpose of spreading the information of the
gathering.

(b) The individuals that are acting on behalf of the organisations as
per clause (a) of this section should be identified and informed
to the police prior to the gathering.

Drafting and
implementation of rules 58.
(a) Unless this Act stipulates mandatory that a particular rule is to
be drafted by a particular entity within a particular period of
time, all other rules to perform the responsibilities of this Act
except those relating to the Courts, shall be prepared by the
Ministry of Home Affairs. And these rules shall be administered
by the Police. Rules relating to the Courts shall be drafted and
administered by the relevant Court.

(b) The rules stated under clause (a) of this section should be
drafted and announced by the relevant organisation within
three months from the date the president signs the bill.

Commencement of this
regulation 59.
This Act shall come into effect, when it is passed by the parliament,
signed by the president and from the day it is published in the national
gazette.

Annulment 60.
Upon commencement of this Act, the ‘Rules of gatherings’ enforced
under law number 6/2008 (Common practice rules Act) becomes
nullified.

Definitions 61. In this regulation, unless otherwise specified,

(a) ‘Constriction’ refers to the constriction exercised within the
periphery of this Act, by the police or any governmental
organization , in a situation that does not completely restrict or
annul the right to gather.

(b) ‘Notice’ refers to the proposal by the organisers of the gathering
informing the police about the gathering

(c)
‘Court’ refers to, the civil court and any magistrate court that
has the authority over the topic of this Act, as the lower level
courts. And to the High court and the Supreme court in other
levels of appeal.

(d) ‘Public property’ includes roads, streets, land, centers , parks and
pavements that are free and can be used by everyone equally.

(e) ‘Organiser’ refers to the natural being or beings in charge and
responsible for conducting a specific gathering, at a specific
place.

(f) ‘Participants of a gathering’ refers to individuals that participate
in a gathering at their own will. Accredited news reporters that
are at the gathering to formally report about the gathering shall
not be considered as participants of the gathering. If s ecurity
agents are hired by the organizers
of the gathering, the
individuals responsible for such security shall not be considered
as participants of the gathering. Any representative of the
respective governmental organization or independent
organization that are information seekers, shall not be
considered as participants of the gathering as well.

(g) ‘Private property’ refers to governmental buildings, stadiums,
auditoriums, halls and related private property that are provided
on a general policy an d basis for the intended purpose.

(h)
‘Accredited news reporters’ refers to news reporters that are
the holders of the accreditation pass issued under the
accreditation rules, to report on the gathering.

(i) ‘Police station’ refers to the Maldives Police Services if in Male’.
And to the police station if in an island in Maldives. If there is no
police station, then to the nearest police station.

(j) ‘Governmental organization ’ includes the executive, the
legislative, the judiciary, prot ective services, independent
organizations and councils.

(k)
‘Constitution’ refers to the constitution of the Republic of
Maldives

(l) ‘Legal entity’ includes un – natural entities, companies,
corporations, associations and organisations that have legal
authority and that are formed as a result of a law or from a law.

(m) ‘Natural entity’ refers collectively and includes men and women,
adults and children, locals and foreigners.

(n) ‘Vehicle drives’ refers to bicycle drives, cycle drives, car drives
and lorry drives if on land. And, dhoni drives, launch drives and
boat drives if on sea.

ICNL

ICNL

Freedom of Peaceful Assembly Act

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