RFQ: Consultant (Commonwealth Principles and Model Law on the Enforcement of Suppression Orders)

 Background

‘At their meeting in 2019 in Colombo, Sri Lanka, Law Ministers discussed the practical challenges pertaining to the enforcement in the digital age of suppression orders which are court-issued injunctions prohibiting the publication of details of on-going, or the outcome of, legal proceedings. Law Ministers agreed to explore potential solutions, including the establishment of frameworks that would enable the mutual recognition of suppression orders in the Commonwealth.

At their meeting in February 2021, Senior Officials of Law Ministries requested that the Secretariat establish an expert working group, which would meet virtually, to assess the need for a formal framework. They recommended that the expert working group update the Senior Officials, and report to Law Ministers at their next meeting, providing options, which would assist Law Ministers to consider the issue and/or decide on further work.

At the Commonwealth Law Ministers Meeting in Balaclava, Mauritius in November 2022, Law Ministers received the report of the Expert Working Group on Suppression Orders. Law Ministers accepted the recommendations of the Expert Working Group that the Secretariat develop a model law on the enforcement of suppression orders.’ [Outcome Statement, Commonwealth Law Ministers Meeting 2022 [para 44 – 46]. 

Expected Output:

The Consultant is expected to:

1. Prepare a questionnaire to facilitate mapping of legislation on suppression orders in all Commonwealth countries.
2. Drawing from the mapping of legislation:
3. identify common domestic principles for the enforcement of suppression orders in legislative frameworks of Commonwealth countries;
4. use the common domestic principles to guide the development of Commonwealth principles for enforcement of suppression orders. (The Consultant may also recommend principles which are not common among Commonwealth member countries, but inclusion should just be justifiable and beneficial to the Model Law)
5. Develop Commonwealth draft model law, and accompanying guidance notes for legislators, on suppression orders encompassing:
6. the bases used in Commonwealth countries to issue and enforce suppression orders;
7. provisions obliging Internet Service Providers (ISPs) and Internet Content Hosts) ICPs to prevent breaches of suppression orders; and

It is expected that these outputs will aid progressive unified development of law and practice on the enforcement of suppression orders across the Commonwealth.

    Qualifications/expertise:

• Minimum of master’s degree in law, public policy or another relevant field; 
• Minimum of 10 years of professional expertise in legislative drafting with proven practical professional experience in drafting of legislation;
• Proven ability to work well under pressure and meet strict deadlines;
• Fluency in English required. 

Please apply for this contract by submitting a Proposal to: [email protected] by 5 PM GMT on 24 November 2023.  Applicants must also complete the Quote Submission Documents attached to the Request for Quotation (RFQ) document.

The brief proposal should show how the consultancy would be carried out to meet the specific objectives set out in this TOR. It should include a short statement of the candidate’s relevant expertise and experience. 

Evaluation will be based on competency and cost.