Papua New Guinea’s civic space has been rated as “obstructed” by the Civicus Monitor and the country has been criticised for pushing forward with a controversial media law in spite of strong opposition.

Among concerns previously documented by the civil rights watchdog are harassment and threats against human rights defenders, particularly those working on land and environmental rights, use of the cybercrime law to criminalise online expression, intimidation and restrictions against journalists, and excessive force during protests.

In recent months, the authorities have used the cybercrime law to target a human rights defender for raising questions online on forest enforcement, while a journalist and gender-based violence survivor is also facing charges under the law, said the Civicus Monitor in its latest report.

The court halted a logging company’s lawsuit against a civil society group while the government is pushing forward with the controversial National Media Development law.

Human rights defender charged under cybercrime law
On 9 December 2024, human rights defender and ACT NOW! campaign manager Eddie Tanago was arrested and charged by police under section 21(2) of the Cybercrime Act 2016 for allegedly publishing defamatory remarks on social media about the managing director of the PNG Forest Authority.

Tanago was taken to the Boroko Police Station Holding cell and released on bail the same afternoon. If convicted he could face a maximum sentence of 15 years’ imprisonment.

ACT NOW is a prominent human rights organisation seeking to halt illegal logging and related human rights violations in Papua New Guinea (PNG).

According to reports, ACT NOW had reshared a Facebook post from a radio station advertising an interview with PNG Forest Authority (PNGFA) staff members, which included a photo of the managing director.

The repost included a comment raising questions about PNGFA forest enforcement.

Following Tanago’s arrest, ACT NOW said: “it believes that the arrest and charging of Tanago is a massive overreach and is a blatant and unwarranted attempt to intimidate and silence public debate on a critical issue of national and international importance.”

It added that “there was nothing defamatory in the social media post it shared and there is nothing remotely criminal in republishing a poster which includes the image of a public figure which can be found all over the internet.”

On 24 January 2025, when Tanago appeared at the Waigani Committal Court, he was instead charged under section 15, subparagraph (b) of the Cybercrime Act for “identity theft”. The next hearing has been scheduled for February 25.

The 2016 Cybercrime Act has been used to silence criticism and creates a chilling effect, said Civicus Monitor.

The law has been criticised by the opposition, journalists and activists for its impact on freedom of expression and political discourse.

JOURNO ARRAIGNED ON CYBER HARASSMENT
Journalist Hennah Joku appeared before Magistrate Paul Nii at the Waigani Committal Court on charges of cyber defamation following a Facebook post made on 4th September 2024.
Read more:https://t.co/LEIDEcTZv6#EMTVNews #EMTVOnline pic.twitter.com/zHqm353Cst

— EMTV (@EMTVOnline) December 5, 2024

Journalist and gender activist charged with defamation
Journalist and gender activist Hennah Joku was detained and charged under the Cybercrime Act on 23 November 2024, following defamation complaints filed by her former partner Robert Agen.

Joku was charged with two counts of breaching the Cybercrimes Act 2016 and detained in Boroko Prison. She was freed on the same day after bail was posted.

Joku, a survivor of a 2018 assault by Agen, had documented and shared her six-year journey through the PNG justice system, which had resulted in his conviction and jailing in 2023.

On 2 September 2024, the PNG Supreme Court overturned two of three criminal convictions, and Agen was released from prison.

On 4 and 15 September 2024, Joku shared her reactions with more than 9000 followers on her Meta social media account. Those two posts, one of which featured the injuries suffered from her 2018 assault, now form the basis for the current defamation charges against her.

Section 21(2) of the Cybercrimes Act 2016, which has an electronic defamation clause, carries a maximum penalty of up to 25 years’ imprisonment or a fine of up to one million kina (NZ$442,000).

The Pacific Freedom Forum (PFF) expressed “grave concerns” over the charges, saying: “We encourage the government and judiciary to review the use of defamation legislation to silence and gag the universal right to freedom of speech.

“Citizens must be informed. They must be protected.”

Court stays logging company lawsuit against civil society group
In January 2025, an injunction issued against community advocacy group ACT NOW! to prevent publication of reports on illegal logging has been stayed by the National Court.

In July 2024, two Malaysian owned logging companies obtained an order from the District Court in Vanimo preventing ACT NOW! from issuing publications about their activities and from contacting their clients and service providers.

That order has now been effectively lifted after the National Court agreed to stay the whole District court proceedings while it considers an application from ACT NOW! to have the case permanently stayed and transferred to the National Court.

ACT NOW! said the action by Global Elite Limited and Wewak Agriculture Development Limited, which are part of the Giant Kingdom group, is an example of Strategic Litigation Against Public Participation (SLAPP).

“SLAPPs are illegitimate and abusive lawsuits designed to intimidate, harass and silence legitimate criticism and close down public scrutiny of the logging industry,” said Civicus Monitor.

SLAPP lawsuits have been outlawed in many countries and lawyers involved in supporting them can be sanctioned, but those protections do not yet exist in PNG.

The District Court action is not the first time the Malaysian-owned Giant Kingdom group has tried to use the legal system in an attempt to silence ACT NOW!

In March 2024, the court rejected a similar SLAPP style application by the Global Elite for an injunction against ACT NOW! As a result, the company discontinued its legal action and the court ordered it to pay ACT NOW!’s legal costs.

Government pushes forward with controversial media legislation
The government is reportedly ready to pass legislation to regulate its media, which journalism advocates have said could have serious implications for democracy and freedom of speech in the country.

National Broadcasting Corporation (NBC) of PNG reported in January 2025 that the policy has received the “green light” from cabinet to be presented in Parliament.

The state broadcaster reported that Communications Minister Timothy Masiu said: “This policy will address the ongoing concerns about sensationalism, ethical standards, and the portrayal of violence in the media.”

In July 2024, it was reported that the proposed media policy was now in its fifth draft but it is unclear if this version has been updated.

As previously documented, journalists have raised concerns that the media development policy could lead to more government control over the country’s relatively free media.

The bill includes sections that give the government the “power to investigate complaints against media outlets, issue guidelines for ethical reporting, and enforce sanctions or penalties for violations of professional standards”.

There are also concerns that the law will punish journalists who create content that is against the country’s development objectives.

Organisations such as Transparency International PNG, Media Council of PNG, Pacific Freedom Forum, and Pacific Media Watch/Asia Pacific Media Network among others, have asked for the policy to be dropped.

The press freedom ranking for PNG dropped from 59th place to 91st in the most recent index published by Reporters without Borders (RSF) in May 2024.

Civicus Monitor.

Article by AsiaPacificReport.nz

By Scott Waide in Port Moresby

Over the course of the past month, Oro Governor Gary Juffa has been at the forefront of a crackdown on illegal loggers in Collingwood Bay of Oro Province.

The operation has gathered a lot of public support from people who have been subjected to various injustices, including company workers and landowners.

Up to 16 foreign workers have been arrested. Police have also impounded machines and other equipment.

READ MORE: Governor Gary Juffa speaks out against ‘criminal logging cartels’

“They were in fact quite relieved that we got to them,” Juffa said. “Apparently, they had not been paid.”

According to the Oro Governor, the Forest Minister cancelled permits to the operation.

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However, the operation is still continuing with logs being shipped out of the province.

Theft of resources’
Juffa has also hit out at the PNG Forest Authority for its complacency:

“Our investigations reveal that PNGFA is negligent in its efforts and has been facilitating the theft of our forest resources for decades.

“It is complicit in the transnational crimes being committed and those who process the paperwork are in fact accomplices.

“PNGFA is, in fact, failing miserably, in its mandate and is in fact assisting transnational criminal cartels steal our forest resources. What is the point of an organisation we pay for with our taxes to serve transnational criminal cartels and sell us out?”

Collingwood Bay was one of the first areas marked as a Special Agriculture Business Lease (SABL). Landowners protested and took the matter to court and won.

Article by AsiaPacificReport.nz

OPINION: By Gary Juffa

In the ongoing saga of stopping illegal logging in Papua New Guinea’s Oro province, our facts reveal that the PNG Forest Authority is failing our people.

A network exists whereby a few corrupt public servants in both Oro and the PNG Forest Authority have helped facilitate fraud and theft of resources worth millions. This network exists in every province where there is illegal logging occurring.

In Oro we have identified those involved and they shall be dealt with.

Meanwhile, our investigations reveal that PNGFA is negligent in its efforts and has been facilitating the theft of our forest resources for decades, it is complicit in the transnational crimes being committed and those who process the paperwork are in fact accomplices.

Despite all the government rhetoric about stopping illegal logging such as the SABLs and being concerned about the environment, the truth is, that this government entity, designed and created for the purpose of protecting PNG interests – PNG resources –  is in fact failing miserably in its mandate and is assisting transnational criminal cartels steal our forest reources.

What is the point of an organisation we pay for with our taxes to serve transnational criminal cartels and sell us out?

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Pretext and fraud
Every month, shipments worth millions leave our shores – forest resources obtained under pretext and fraud, leaving behind destroyed landscapes, polluted waterways, and miserable landowners who have either been fooled or contemptuously mistreated and intimidated by corrupt elements of the public service and police.

But we can stop it.

Yes, you and I.

If we know about it and do nothing, we too are complicit.

I am doing something about it. I need you to stand with me and demand that the PNGFA and its Chairman, David Dotaon,a and its minister, Douglas Tomuriesa, and its entire department act to stop these crimes against Papua New Guinea and our people and protect our forest resources.

How?

Immediately review all licences granted to logging and you will find:

• They are illegally granted via fraudulent processes and corrupt public servants;
• The so-called landowner companies don’t represent our landowners at all;
• All machinery is unregistered – it can all be impounded;
• All foreign workers are without permits – they can be immediately detained until deported with the cost being met by the company, and their companies fined and banned from doing business in Papua New Guinea ever again;
• Significant environmental damage to waterways and reefs and logging on gradients that are in contravention of the permit restrictions. Your sister agency, the conservation Environment Protection Authority, will at this stage be brought in to inspect the results, and fine and ban the company from any future agriculture or forest development projects.
• That tax evasion and transfer pricing mechanisms have allowed the company to evade paying for decades. At this stage, the IRC and Customs can be brought into carrying out these audits and raise assessments and commence recovery and prosecution action. They can use the double tax treaties to recoup any taxes due.
• Significant evidence of corruption involving many public servants and landowners. They can be referred to the police fraud squad for arrests and prosecution.
• Much of our resources have been stolen and, as this is a crime, the principals of these companies can be charged and prosecuted when you lay the complaint. You can also seize properties as proceeds of crime.

Engage army and police
You can engage the army and the police to shut down all such operations and seize and auction all machinery.

If they sue us, so what? They are running illegal operations of a transnational criminal nature and they will lose in court.

Finally, some of the proceeds can be used to compensate genuine landowners.

And if you can’t do this, ask me. I will do it. For free.

Just give me the resources and let me select a team of great, patriotic policemen, soldiers; Labour, Migration, IRC and Customs officers, state lawyers – and watch.

The mandate of this forests department besides protecting Papua New Guinea interests at all times is to develop clever innovative strategies to use our forest resources in a sustainable manner.

There are options whereby the vast forest resources that provide us such a rich life do not need to be destroyed. We don’t need to destroy our forests so that we can progress.

Illegal logging in Oro province … “We don’t need to destroy our forests so that we can progress.” Image: Gary Juffa/FB

Sustainable alternatives
At a time when the world is facing a global warming disaster, we can do our bit by preserving our forests and finding alternative means of income using forest products in a sustainable manner.

Yet after 40 years, we have silently and meekly allowed pirates to raid our shores and accept a few measly kina in compensation.

For each shipment worth about K6 million (K2.6 million), we accept less then K100,000 (NZ$43,000). Where is the common sense in this? For each forest cut down, thousands of species of flora and fauna are devastated and some may never recover.

We are destroying our natural home so we can live in an unnatural home … in pursuit of money and material goods so we can be “happy” because someone who we thought was more educated and civilised told us so.

But we will never be happy in this endless pursuit of the unnatural, living in an unnatural world where unnatural leaders make unnatural decisions that cause us more misery – naturally. We are only chasing illusions of happiness.

Certainly if we continue to allow this, if we are thinking, intelligent patriots, as we so often like to tell one another, then we are truly failing ourselves, our nation and our future.

It can be done  – it just needs all of us to rise up and do it together.

Gary Juffa is an Opposition MP in the Papua New Guinean National Parliament and Governor of Oro (Northern) Province. This commentary was first published on his Facebook page.

Article by AsiaPacificReport.nz