Legal Academic Says Samoa's Criminal Libel Law Should Go
, RNZ Pacific Senior Journalist
An Auckland University law academic says the criminal libel law under which a prominent Samoan journalist has been charged should be repealed.
Lagi Keresoma Keresoma, a senior journalist for Talamua Media, was charged under the Crimes Act 2013 on Sunday after publishing an article about a former police officer, whom she asserted had sought the help of the Head of State to withdraw charges brought against him.
"A person who commits a crime under this section is liable on conviction to a fine not exceeding 175 penalty units or imprisonment for a term not exceeding 3 months," the Crimes Act states.
The Journalists Association of Samoa (JAWS) has already called for the criminal libel law to be scrapped.
It said this week that the law, specifically Section 117A of the Crimes Act, undermines media freedom, and any defamation issues can be dealt with in a civil court.
JAWS gender representative to the International Federation of Journalists said Keresoma's arrest "raises serious concerns about the misuse of legal tools to independent journalism" in the country.
Lagipoiva Cherelle Jackson called on the Samoan government "to urgently review and repeal criminal defamation laws that undermine democratic accountability and public trust in the justice system".
The law was removed by the Samoan government in 2013, but was brought back in 2017, ostensibly to deal with issues arising on social media.
Auckland University's Beatrice Tabangcoro told RNZ Pacific that this reintroduction was widely criticised at the time for its potential impact on freedom of speech and media freedom.
She said that truth is a defence to the offence of false statement causing harm to reputation, but in the case of a journalist this can lead to them being compelled to reveal their sources.
The academic said that the law remains unnecessary and impractical, and she pointed to the Samoa Police Commissioner telling media in 2023 that the law should be repealed as it is used "as a tool for harassing the media and is a waste of police resources".
Tonga and Vanuatu are two other Pacific nations with the criminal libel law on their books, and it is something the media in both those countries have raised concerns about.
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