The Fiji Law Society claims recent amendments to section 115 of the Electoral Act 2014 passed in Parliament last Friday, “raise fundamental questions about constitutional freedoms, the rule of law and the protection of democratic participation in Fiji.”

The FLS says they are particularly concerned that Parliament has extended the potential duration of restrictions on civil society organizations.

The Society says the Electoral Commission declared the campaign period open on 25 May 2026, and with the next general election potentially taking place as late as 6 February 2027, affected

organizations could now be subject to restrictions for more than eight months. Leung says during the 2022 General Election, the corresponding period following the announcement of the election date was approximately 45 days.

The FLS says the new amendment “represents a considerable increase in the potential duration of restrictions on activities connected with the electoral process.”

The Society questions the necessity and proportionality of extending these restrictions across such a lengthy period, “particularly when informed public discussion and independent voter education are most important.”

FLS president Graham Leung claims the amendments introduce a provision “that purports to shield certain decisions of the Electoral Commission from further judicial review.”

He claims the proposed changes could have serious implications for the ability of independent organizations to contribute to public discussion during elections and for the constitutional accountability of institutions exercising public
power.

The FLS says the Constitution guarantees freedom of expression, assembly, association and political participation, which are essential safeguards of democratic government.

However, it claims Section 115 restricts election-related campaigning by persons and organizations receiving foreign funding or assistance.

The FLS claims the provision expressly encompasses activities such as organizing debates, public forums, meetings, interviews, panel discussions and publishing material relating to elections or electoral issues.

The Society says these activities are fundamental to public participation in a democratic society as they provide opportunities for citizens to examine competing political ideas, understand electoral laws, scrutinize public policies and make informed decisions.

FBC News has reached out to the Fijian Elections Office for comment on the claims made by the FLS.