Fiji: Concerns around referendum bill and the targeting of individuals for their expression

The state of civic space in Fiji is rated as ‘narrowed’ by the CIVICUS Monitor. Ongoing concerns include the Public Order (Amendment) Act, which has been used to restrict peaceful assembly and expression, and sedition provisions in the Crimes Act. The police have also restricted pro-Palestinian marches in recent years.

In recent months, concerns have been raised about the proposed National Referendum Bill that could be used to stifle expression, while the arrest of an individual by Fiji's anti-corruption agency has sparked free speech concerns. A defamation case against a union has been condemned while a senior lawyer and political activist are being charged over social media posts. A journalist was attacked outside a courthouse.

Expression

Concerns that draft National Referendum Bill 2025 could stifle freedoms

Concerns have been raised by various groups about the draft National Referendum Bill 2025 which aims to set out the nation's first-ever legal framework for a referendum.

Prime Minister Sitiveni Rabuka's coalition has been trying to amend the 2013 Constitution since coming into power, arguing that it had been imposed on the people by the previous Bainimarama administration and was impossible to amend. After Rabuka's failed attempts in parliament, in August 2025, a Court opened the door for a referendum and government has since released a proposed bill which lays out how the referendum should be held.

Critics of the bill argue that the bill prohibits a number of campaigning activities during a referendum. Section 22 bans outright any badges, symbols, or other campaign materials from being made and distributed, while Section 23 bans canvassing at the doorstep.

For the Fiji Women's Rights Movement (FWRM), the bill presents a serious danger to freedom of expression. Nalini Singh told RNZ Pacific the measures were draconian and capable of silencing large groups of under-represented people. Singh said that women, youth, and marginalised groups rely on grassroots organising, community discussions, and accessible communication channels to make their voices heard.

Dialogue Fiji’s Executive Director, Nilesh Lal, accused the government of attempting to gag public discussion on matters of profound national importance. He said the Bill’s offences - such as prohibitions on posters, symbols, advertisements and commentary relating to referendum questions - would make ordinary civic activities illegal “before, during or after” a referendum.

A youth advocate has raised concerns that the proposed law would ban teenagers from discussing referendums, warning the restriction could backfire by criminalising young people's civic engagement. Salote Bulitavu, People's Alliance Youth Wing President, told Parliament's Standing Committee on Justice, Law and Human Rights that Section 27 of the National Referendum Bill 2025 needs reconsideration. The provision states anyone under 18 "must not take part in any activity connected with a referendum" - meaning teenagers couldn't even discuss referendum topics.

The Fiji Labour Party has told the Parliamentary Standing Committee on Justice, Law, and Human Rights that provisions in the draft National Referendum Bill 2025 were unconstitutional and could undermine democratic participation. He said clauses in the bill violated freedom of speech, expression, assembly, and association, as well as political rights and the right to information protected under the Constitution.

In his submission to the Standing Committee on Justice, Law and Human Rights, Fiji's former Attorney-General and Justice Minister Aiyaz Sayed-Khaiyum described the bill as "draconian" and lacking "the spirit of the referendum". He pointed to Section 26 of the bill that states that it is an offence for a person to operate any loudspeaker or other instrument for the production or reproduction of speech, sound or music in any street.

Arrest of dual British-Fijian national sparks free speech concerns

The arrest and detention of a dual Fijian and British national by Fiji's anti-corruption agency in February 2026 has sparked concerns about freedom of expression from the country's politicians, advocates and journalists.

Charlie Charters, journalist and former senior manager at the Fiji Rugby Union, was detained at the Fiji Independent Commission Against Corruption (FICAC) headquarters in Suva on 21st February 2026.

After 48 hours in detention, he was then charged with two counts of aiding and abetting an unknown person in FICAC connected to a FICAC investigation.

It is alleged that between 2nd November 2025 and 14th December 2025, Charters intentionally aided and abetted a person who was at the material time an officer of the Fiji Independent Commission against Corruption at Suva to commit an offence under section 13G(1) of the FICAC Act 2007, namely the publication of official information relating to the functions of the Commission without the written permission of the Commissioner, by posting that official information on his Facebook account known as “Charlie Charters”.

Charters, 57, has written extensively about the inner workings of FICAC and the Fiji Sports Council, citing publicly available documents and his own sources. He was scheduled to depart from Nadi International Airport for Sydney. However, he was stopped by FICAC officials and offered a "deal" to reveal his sources and continue with his planned travel.

His lawyers have accused FICAC of misusing its powers, alleging his arrest and detention were carried out to pressure him into revealing confidential sources.

Fijian Media Association said it was "alarmed" at the anti-corruption agency's actions. "The detainment and arrest [of Charters] look like a re-enactment of scenes from a dark past that we fought hard to be free from," it said in a statement.

The Free Speech Union said it was concerned by the arrest and detention and that “using arrest powers to pressure journalists into revealing sources chills reporting and discourages whistleblowers across the region.”

Defamation case against union condemned

The Fiji Trades Union Congress (FTUC) in January 2026 condemned the decision by Energy Fiji Limited (EFL) management to file a defamation claim against the Construction Energy and Timber Workers Union of Fiji (CETWUF), describing the move as an attempt to silence legitimate union activity.

In a statement, FTUC National Secretary Felix Anthony said the court action was aimed at denying the union the right to communicate with members and to raise concerns about unresolved industrial issues.

Anthony warned that legal action against the union amounted to an attack on freedom of speech and trade union rights.

“EFL’s effort to shut out the Union from communicating with its members is an effort to deny freedom of speech and legitimate trade union activity. This can never be tolerated nor condoned,” he said.

EFL said the defamation case was lodged at the Lautoka High Court on 24th December 2025 and relates specifically to defamatory statements made by the National Secretary of the CETWUF, John Paul, in relation to the Chief Executive Officer and the General Manager Human Resources.

Senior lawyer charged over Facebook post

On 11th December 2026, prominent senior lawyer and former Member of Parliament Tanya Waqanika was charged by the Fiji Independent Commission Against Corruption (FICAC) for allegedly making a public social media post opposing a political party.

Waqanika appeared before the Suva Magistrate’s Court charged with one count of “publicly indicating opposition”, a violation of Section 14(7) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.

Waqanika was charged by FICAC in relation to a Facebook post on 19th April 2024. It is alleged that while serving as a public officer, namely a Board Member of Investment Fiji and Telecom Fiji Limited, Waqanika publicly indicated opposition to the political party Social Democratic Liberal Party (SODELPA).

When Waqanika appeared in court on 17th February 2026, she was advised by the Suva Magistrate’s Court to refrain from making public comments about an ongoing case involving the alleged political post. In March 2026, she pleaded not guilty to the charges. Waqanika’s bail was extended, with the case adjourned to 27th May.

Political activist charged for social media post

In December 2025, 56-year-old political activist Benjamin Padarath was arrested in Nadi and charged with one count of causing harm by posting electronic communication.

Padarath is accused of posting a fabricated newspaper article on his social media account on 19th May 2025. It is alleged that the edited article contained false and misleading information about two prominent individuals and was posted with the intention of causing harm. Police said the matter was investigated under Section 24 of the Online Safety Act 2018, which relates to Causing Harm by Posting Electronic Communication.

He was granted bail by the Suva Magistrate’s Court under strict conditions in relation to an alleged social media offence. As part of his bail conditions, Padarath is prohibited from using social media on any platform, either under his own name or any other alias.

Civil society groups have raised concerns about the Online Safety Act 2018, warning that its controversial “causing harm by electronic communication” provision has been increasingly used to investigate and prosecute individuals in ways that threaten free expression.

Journalist attacked outside courthouse

The Fijian Media Association (FMA) raised serious alarm over the safety of journalists after an FBC reporter was violently attacked outside the Suva courtroom by a convicted murderer, the latest in a string of incidents highlighting what the association calls a persistent failure by police to secure court premises.

On 24th November 2026, FBC journalist Apenisa Waqairadovu suffered injuries to his arms and hands after he was assaulted by Sairusi Cinaturaga, who had just been convicted of murdering his partner’s one-year-old child. Despite being in handcuffs, Cinaturaga ran after Waqairadovu, hurled threats and profanity, before he pushed him down a staircase.

The FMA says this incident is not isolated, and that it underscores a worrying trend of inadequate police response to threats faced by journalists performing their duties outside the courtroom. It added that journalists have faced physical threats every year while covering court cases, and the Fiji Police Force’s repeated failure to provide adequate security for media personnel is ‘unacceptable’.