Nemani Delaibatiki
SUVA (Fiji Sun/Pacific Media Watch): Media Industry Development Authority (MIDA) chairman Ashwin Raj has been given until next Monday to retract and apologise to the Fiji Sun for a purported decision against the newspaper.
Fiji Sun lawyer Suruj Sharma, of Patel Sharma, wrote to MIDA last week pointing out Mr Raj had no authority or grounds to make such a decision.
Sharma warned that this “decision” – and the way it was seized on by social media and some news media – could lead to further action by the newspaper.
“The purported decision and findings of MIDA has critically and prejudicially impacted on the corporate standing of our client, as well as personal and professional standing and reputation of its managing editor news Jyoti Pratibha," he said.
“The findings are clearly without legal and jurisdictional basis of facts and law.”
On February 9, Raj reached a decision that a Fiji Sun “Person of the Year” article was antagonistic, “thoroughly yoked in the logic of race and bereft facts”. He also claimed that a Coconut Wireless column item was “defamatory”.
The complaints to Raj had been lodged by opposition Social Democratic Liberal Party (SODELPA) youth spokesman Pita Waqavonovono
Raj’s “decision” was not sent to the Fiji Sun until February 20, same time as Raj was leaving to attend a conference in Bangkok. It was distributed and commented on widely by Waqavonovono in the following days.
Sharma has written a detailed response outlining how Raj got it wrong and asked for retraction by March 9.
It describes how Raj made an erroneous “decision” and had no right or power to make it.
MIDA chair retracts, apologises
On March 11, the Fiji Sun reported that MIDA chairperson Ashwin Raj had retracted his ruling against the Fiji Sun and apologised.
This was after Fiji Sun lawyer Suruj Sharma challenged the ruling.
The Fiji Sun reported that Raj had now written to the newspaper: “Please note that I hereby retract my February 9, 2015 letter issued under the letterhead of the Media lndustry Development Authority on the ground that my decision as the chairman was ultra vires of any lawful authority, power or role of the Authority provided for under Part 9, sections 53 – 61 (inclusive) of the Media lndustry Development Decree 2010.
“Furthermore, I also retract my letter on the ground that my decision as the chairman was made unilaterally, without any consultation with the members of the authority contrary to section 5 of the decree. I failed to convene a meeting to discuss the issues raised in Mr Waqavonovono’s email complaint dated 28 December 2014 and the Sun (Fiji) News Limited’s letter dated January 19, 2015 in reply to the complaint."
MIDA chair retracts, apologises - see full story at the Fiji Sun
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