The Government acknowledges the concerns raised by Dialogue Fiji regarding the National Referendum Bill 2025 (Bill). We recognise the critical role of civil society in fostering public discussion. However, several claims made about the Bill do not accurately reflect its intent or provisions.
Contrary to suggestions that the Bill prohibits all discussion of a referendum, the relevant clauses of the Bill are intended solely to ensure the orderly, transparent, and impartial conduct of referendums, including the proper handling of referendum questions. Section 17(3)(a) of the 2013 Constitution permits reasonable limits on freedom of expression where necessary to safeguard the smooth conduct of elections.
The Bill does not restrict lawful public discussion or commentary. On the contrary, the Government remains committed to broad public awareness to uphold the legitimacy of any constitutional review, including a referendum.
The Bill is not regressive. The offence provisions it contains are not unique; similar provisions exist in other jurisdictions and are already reflected within Fiji’s electoral laws. These measures are designed to ensure fairness, integrity, and accountability throughout the referendum process.
We recognise that some clauses of the Bill may be interpreted as prohibiting all forms of campaign. This highlights the importance of the Parliamentary Standing Committee process, which provides the public, civil society, the media, and legal experts with an opportunity to raise concerns. Such submissions will enable the Standing Committee to recommend refinements, ensuring the Bill reflects its intended purpose without inadvertently limiting constitutional freedoms.
The assertion that the Referendum Bill is “one of the most draconian and undemocratic laws in Fiji’s history” is misleading. The Bill does not restrict expression but seeks to balance responsible speech with the orderly conduct of elections. The Government encourages all stakeholders to engage constructively in the Standing Committee process, as informed feedback strengthens legislation and builds public confidence in democratic processes.
The Bill provides clear rules on how information about the referendum is communicated, including details presented on the electoral ballot, to protect against misinformation and disinformation. While misinformation arises from unintentional errors, disinformation involves the deliberate spread of false information to mislead the public. In today’s digital age, where inaccurate information can spread rapidly, these safeguards are essential.
It should also be emphasised that the referendum is an independent process led by the Supervisor of Elections. Before any constitutional referendum, nationwide consultations on the constitutional amendments will be conducted. The outcomes of these consultations will guide the drafting of a Constitutional Amendment Bill, which must be passed by Parliament with a two-thirds majority, before proceeding to a referendum.
It should also be emphasised that scheduling media appearances, such as talk-back shows, without prior notification or confirmation from the Office of the Acting Attorney-General and Minister for Justice can lead to miscommunication and public confusion. Engagement through proper channels is strongly encouraged to ensure accurate, consistent, and well-informed public discussion.
The Government remains committed to transparent law-making, open dialogue, and the protection of constitutional freedoms. We welcome continued participation from all sectors of society to ensure that the referendum process is fair, informed, and credible.
We urge the team from Dialogue Fiji to follow the proper channel and uphold public confidence that it attempts to gain.