The Fiji Government has pushed back against claims by Dialogue Fiji that the proposed National Referendum Bill 2025 contains some of the most far-reaching and undemocratic restrictions on free expression ever proposed in Fiji.
The civil society organisation this week issued a statement describing the Bill as an “unprecedented assault on democratic freedoms”, arguing that its provisions would criminalise almost all public debate on referendum issues.
In a statement today, the Attorney-General’s office rejected those concerns, saying the Bill has been misinterpreted. It stated that the legislation is intended to ensure an orderly and credible referendum process, not to silence the public.
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.
“Under this Bill, civic education, public awareness campaigns, academic commentary, CSO engagement, media analysis, or even one citizen trying to persuade another would become criminal offences,” Lal said.
He described the legislation as “about as undemocratic as it gets,” adding that it imposes tighter controls than anything enacted under the previous FijiFirst government.
“For a government that came into power decrying the draconian laws made by the former government, and posturing as champions of democracy, such a restrictive referendum law is absolutely shocking,” he said.
Dialogue Fiji contrasted the proposed Fijian model with systems in Australia and Vanuatu, where open public debate, campaign materials and broad civic participation are allowed during referendums.
“Our neighbours show that peaceful, orderly referendums can be conducted without gagging the public,” Lal said. “Australia and Vanuatu both allow robust public debate while regulating genuine abuses like intimidation and bribery. Fiji is choosing a model far closer to authoritarian information control than to democratic practice.”
The organisation is calling for the Bill to be redrafted and subjected to genuine public consultation.
However, the Attorney-General’s office said Dialogue Fiji’s claims do not reflect the Bill’s intent, arguing that the legislation is designed to protect the integrity of the referendum process and guard against misinformation.
It added that the Bill does not prohibit lawful public discussion, and that the restrictions apply only to activities that could compromise the neutrality or fairness of the referendum process.
“The Bill seeks to balance responsible speech with the orderly conduct of elections,” the statement said, noting that its offence provisions are not new and mirror rules used in other jurisdictions and in Fiji’s existing electoral laws.
Sections that appear to restrict campaigning, it added, will be examined by the Parliamentary Standing Committee, where members of the public and civil society can make submissions.
“Such submissions will enable the Standing Committee to recommend refinements, ensuring the Bill reflects its intended purpose without inadvertently limiting constitutional freedoms,” the statement said.
The Government said describing the Bill as “draconian” is “misleading”, and reiterated that the referendum process will be independently run by the Supervisor of Elections, with nationwide consultations held well before any referendum vote is put to the public.
It also cautioned against uncoordinated public commentary, saying incorrect or premature statements—especially through the media—could “lead to miscommunication and public confusion.”
The Government maintained that it remains committed to transparent law-making, open dialogue and strong constitutional safeguards, and encouraged Dialogue Fiji to “follow proper channels” in its engagement.
The Bill—formally known as Bill 46 of 2025—was last week referred to the Standing Committee on Justice, Law and Human Rights after a unanimous vote. The Committee is required to report back in 2026.
Last Thursday’s vote also marked the conclusion of the 2025 parliamentary session, with Parliament scheduled to reopen in February 2026, before it reconvenes proper a month later.
