Fiji's MIDA under pressure to comment on decree breach

Transcript

Fiji's media industry development authority has come under criticism for not condemning a breach of the Electoral Decree by the public broadcaster.

Fiji Broadcasting Corporation ran an advertisement for the FijiFirst party on its website the day before the election - during a three-day media blackout period.

The chairman of the authority, Ashwin Raj, says he is sceptical of the evidence that others say is unmistakable.

Alex Perrottet reports.

Two different screen-shots of the FBC webpage shows a FijiFirst advert, with the date Tuesday September 16th visible. Section 63 of the Electoral Decree says any person is prohibited from communicating political messages by telephone, internet, email, social media or other electronic means 48 hours before polling opens. A journalist raised the matter with Ashwin Raj, but he says he doesn't trust the evidence.

ASHWIN RAJ: My only concern, and this is why I am a little apprehensive, is that I question the very legality of what was produced. A screenshot is not admissible, I mean we need to actually ascertain for a fact that this is something that was introduced on the internet.

Ashwin Raj says MIDA will consider any further action, depending on an FBC internal investigation. A Fiji academic, Steven Ratuva, was in Fiji and says the blackout period was too long, and he saw many people making a distinct effort not to fall foul of the decree.

STEVEN RATUVA: When the blackout started I drove around Suva trying to see whether there are advertisements around and all those things but they had disappeared. But I think people were pretty careful, pretty careful on the first night and certainly in those three days not to be seen to be contravening that particular decree.

There has been strong criticism of the decree, which appeared to ban even phone conversations between relatives and friends that touched on the issue of the election. A Fiji law firm, Munro Leys, says the screen shot is enough to warrant an investigation, and would be admissible alongside other evidence such as witnesses. The firm says an official complaint to the Independent Commission Against Corruption should lead to an investigation. Critics say Mr Raj is applying a different standard to FBC, as he did to Fiji TV, when he publicly threatened fines and jail terms under another decree for airing so-called hate speech. An opposition MP for the National Federation Party, Tupou Draunidalo, says the rule of law applies to all.

TUPOU DRAUNIDALO: The credibility of him and his organisation depends really on his conduct. If he is seen to be not fair to different parties then he is hurting himself really, and his organisation.

But Mr Raj says no punishment eventuated in the Fiji TV matter and he has been even-handed.

ASHWIN RAJ: I do want to allay any kind of anxiety that people may have that there is some kind of preference given to a particular news outlet or given some kind of exemption. Let me assure you that the law applies equally and consistently to everybody.

Ms Draunidalo says the Attorney-General, Aiyaz Sayed Khaiyum, clarified the rule of law in parliament only last week, and there should be at least a letter to FBC to ask them to explain the breach.