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Fiji

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but it grants the government authority to restrict these rights for a broad array of reasons. These include preventing hate speech and insurrection; maintaining national security, public order, public safety, public morality, public health, and the orderly conduct of elections; protecting the reputation, privacy, dignity, and rights of other persons; enforcing media standards; and regulating the conduct of media organizations. The POA also gives the government power to detain persons on suspicion of “endangering public safety” and to “preserve the peace.” The authorities continue to use the wide provisions in this law to restrict freedom of expression. The law on media prohibits “irresponsible reporting” and provides for government censorship of media.

Freedom of Expression: The law includes criticism of the government in its definition of the crime of sedition. This includes statements made in other countries by any person.

Press and Media, Including Online Media: Independent media were somewhat active; however, journalists practiced self-censorship on sensitive political or communal topics because of restrictions in the law and monitoring by the Media Industry Development Authority (MIDA). The opposition and other critics of the government accused the government of using state power to silence critics.

In July the appellate court reviewed an appeal brought by the prosecution in the case of three staff members of the Fiji Times, including the editor in chief, who were acquitted on sedition charges in May 2018; a decision on the appeal remains pending. Despite the journalists’ acquittal, media observers and human rights activists expressed concern the long investigation and trial had served to stifle free speech. The three staff were charged with sedition for the 2016 publication of a letter to the editor in the Fiji Times indigenous-language newspaper Nai Lalakai.

Violence and Harassment: On April 3, police detained three journalists from New Zealand’s Newsroom agency who were investigating allegations of environmental damage caused by a Chinese developer, Freesoul Real Estate, on Fiji’s Malolo Island. Police released the journalists 13 hours later, without charge. Prime Minister Bainimarama personally delivered a public apology for the officers’ actions, while Commissioner of Police Sitiveni Qiliho clarified in the media that the detention was “an isolated incident by a small group of rogue police officers.”

Censorship or Content Restrictions: The media law authorizes the government to censor all news stories before broadcast or publication. Although the government ceased prior censorship in 2012, the law remains on the books, and journalists and media organizations continued to practice varying degrees of self-censorship citing a fear of prosecution. Despite this, media published opinion articles by academics and commentators critical of the government.

By law, directors and 90 percent of shareholders in local media must be citizens and permanently reside in the country. MIDA is responsible for enforcing these provisions and has power to investigate media outlets for alleged violations, and the power to search facilities and seize equipment.

The code of ethics in the law requires that media publish balanced material. It obligates media to give any individual or organization an opportunity to reply to comments or provide materials for publication. Journalists reported this requirement did not restrict reporting as much as in past years.

The law on television requires television station operators to conform to the media law’s code of ethics.

Libel/Slander Laws: Libel, slander and defamation are treated as civil matters under the law. The constitution, however, includes protecting the reputation of persons as a permissible limitation to freedom of expression, including of the press. Some measure of this constitutional provision was enacted via the 2018 Online Safety Act. Authorities have used this act and the commission established in January under this act to restrict public discussion, establishing a de facto form of criminal libel with imprisonment penalties (see Internet Freedom, below).

Court decisions on two separate 2018 defamation lawsuits, the first brought by the prime minister and attorney general and the second by supervisor of elections, charging opposition critics with posting defamatory remarks on social media remained pending at year’s end.

Kiribati

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. There were some reports the government impeded visiting foreign journalists’ efforts to report on Kiribati, although the government said the reporters had failed to follow the proper application processes.

Press and Media, Including Online Media and Internet Freedom: Although there were no government restrictions, there were some concerns about the lack of independent local media and the lack of transparency of the registration process for media organizations. Either the government’s Broadcasting and Publications Authority or a media company owned by a member of parliament operated most locally based news media. The regional SKY Pacific paid-television channel provided news coverage in the capital, South Tarawa.

The law requires registration of newspapers and allows the government to cancel registrations or fine newspapers for certain offenses.

Marshall Islands

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to provide for freedom of expression, including for the press.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

Micronesia

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression but does not refer specifically to speech or the press; however, the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Nauru

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press; however, the government owned all media and exercised editorial control over content.

Censorship or Content Restrictions: The government owned all media, giving it significant control over published and broadcast content.

Libel/Slander Laws: By law “unlawful vilification” and “criminal defamation” are punishable by a maximum three years’ imprisonment. There were no reports of arrests for breach of the law, although critics contended these offenses could inhibit free speech.

Palau

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Papua New Guinea

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. Newspapers sometimes reported on controversial topics, although many journalists complained of intimidation aimed at influencing coverage by agents of members of parliament and other government figures. Self-censorship by journalists was common, especially when reporting on contentious political events.

Freedom of Expression: The government generally respected freedom of speech, although some activists reported the intimidating presence of unmarked vehicles outside of their homes. Government critics on social media reported intimidation and threats. In March 2018, acting on a complaint from a member of parliament, police arrested a man for alleging on social media that the parliamentarian paid bribes to voters during the 2017 election. The same parliamentarian supported a government proposal to ban Facebook for one month to allow the government time to investigate fake accounts. On May 28, the communications minister announced that the government would implement such a ban, but the new government dropped the proposal in June after civil society groups protested.

Press and Media, Including Online Media: Media members alleged that politicians offered journalists and editors bribes with the intent of buying favorable coverage. On August 19, the president of the Media Council of Papua New Guinea (MCPNG) and the news director of government-owned television station EMTV, Neville Choi, was fired at the government’s direction after Choi allowed EMTV news to cover soldiers protesting outside of the office of the prime minister. The government later denied the link to Choi’s dismissal. On August 22, Choi was reinstated in response to public pressure on EMTV and the government.

In November 2018 EMTV suspended senior journalist Scott Waide for publishing reports that were “not favorable” to the station. EMTV claimed the decision to suspend Waide was taken by Kumul Telikom Holdings Board, which controls EMTV. After a week of national and international outcry, including from the MCPNG, Waide was reinstated later that month. Minister for Public Enterprise and State Investments William Marra Duma, however, said that an inquiry into the suspension would be launched and that Waide would be investigated for “displaying lack of news judgment.”

Violence and Harassment: Journalists were subjected to harassment, intimidation, and in some cases violence by police and supporters of parliamentarians for their reporting. Multiple media outlets asserted their journalists, photographers, and videographers experienced intimidation attempts from some parliamentarians and their associates during the year. In May police assaulted a journalist as he tried to take photos and notes at the scene of a car accident. Social media reported that the driver was someone of high standing and known to police officers. As of September no action had been taken against the officers.

Libel/Slander Laws: The law allows for investigation and prosecution of offenses including defamatory publication of material concerning another person.

Samoa

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and press. The law stipulates imprisonment for any journalist who, despite a court order, refuses to reveal a confidential source upon request from a member of the public.

Censorship or Content Restrictions: The law authorizes the Samoa Tourism Authority (STA) to file suit against any person who publishes information about the tourism industry that it deems prejudicial to the public perception of the country. Violators are subject to a fine or maximum imprisonment of three months if they fail to retract the information or to publish a correction when ordered to do so by the STA. The STA did not exercise this authority in the year to October.

Libel/Slander Laws: Libel may be prosecuted as a criminal offense. The law was enacted in late 2017 largely in response to an increase in social media bloggers posting defamatory allegations, often about government leaders. Local media regard the law as an obstacle to press freedom.

In February, Malele Paulo, an Australia-based Samoan blogger, travelled to the country to attend his mother’s funeral. Paulo was arrested and charged with criminal libel for posting accusations that the prime minister played a part in the assassination of a fellow cabinet minister in 1999, along with other accusations. In July, Paulo pled guilty to the criminal libel charges at an initial hearing, but later withdrew his plea. In October, Paulo was sentenced to 7 weeks in prison. Paulo has also been charged in an August conspiracy to assassinate the prime minister but that case had not gone to trial as of December.

Solomon Islands

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Tonga

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system generally combined to promote freedom of expression, including for the press.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction, although some self-censorship occurred.

Censorship or Content Restrictions: Media outlets reported on political developments and high-profile court cases, but privately owned media exercised self-censorship regarding high-profile individuals. The board of state-owned Tonga Broadcasting Commission (TBC) directed that board-appointed censors review all TBC programming prior to broadcast.

Tuvalu

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An effective judiciary and a functioning democratic political system combined to promote freedom of expression, including for the press.

Press and Media, Including Online Media: Although there were no government restrictions, the government’s Media Department controlled the country’s sole radio station. There were no local private, independent media to express a variety of views.

Vanuatu

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press and judiciary and a functioning democratic political system combined to promote freedom of speech and press.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views.

Violence and Harassment: In November, Dan McGarry, a Canadian citizen, long-time resident, and the editor of the country’s largest independent newspaper, the Daily Post, told media that the government had refused to renew his work permit. According to McGarry the government claimed this was in order to fill the position by somebody from the country, but McGarry said that in July the prime minister had summoned him and berated him for “negative reporting.” McGarry believed the prime minister was specifically displeased with Daily Post reporting in July about the government’s cooperation with China to deport six Chinese nationals, four of whom had recently acquired Vanuatu citizenship through a program designed to attract Chinese investment.

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The Lessons of 1989: Freedom and Our Future