Journalists in Papua New Guinea are likely to face legal threats as powerful individuals and companies use court actions to silence public interest reporting, warns Media Council of PNG president Neville Choi.

As co-chair of the second Community Coalition Against Corruption (CCAC) National Meeting, he said lawfare was likely because Parliament had passed no laws to protect reporters and individuals from such tactics.

Choi said journalists were being left unprotected against Strategic Litigation Against Public Participation (SLAPPs) — legal actions used by powerful individuals or corporations to silence criticism and reporting.

“In Papua New Guinea right now, we don’t have any law to stop SLAPPs,” Choi said.

“Big corporations or organisations with more money can use lawsuits to silence people, civil society and the media. That’s the reality.”

SLAPPs are lawsuits filed not to win on merit, but to drain resources, silence critics, and stop public debate.

In some other countries, anti-SLAPP laws exist to protect journalists and whistleblowers. But in PNG, no such legal shield exists.

Legal pressure for speaking out
“We’ve seen it happen,” Choi added, referring to ACTNOW PNG’s Eddie Tanago, a civil society advocate who has faced legal pressure for speaking out.

“He’s experienced it. And we know it can happen to journalists too.”

Despite increasing threats, journalists do not have access to legal defence funds or institutional protection.

Choi confirmed that there was no system in place to defend reporters who were hit with defamation lawsuits or other forms of legal retaliation.

“Our advice to journalists is simple. Do your job well. The truth is the only protection we have,” he said.

“If you stick to facts, follow professional ethics and report responsibly, you reduce your risk. But if you make a mistake, you leave yourself open to lawsuits.”

The Media Council, in partnership with Transparency International under the CCAC, are discussing the idea of drafting an anti-SLAPP law but no formal proposal has been put forward yet.

Republished from the PNG Post-Courier with permission.

Article by AsiaPacificReport.nz

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

A vote of no confidence in Papua New Guinea’s Prime Minister James Marape is set to be moved on May 29.

Sinasina-Yongamugl Open MP Kerenga Kua told the media yesterday that the Marape government had “subverted the opposition’s attempts to hold them accountable for their actions”.

“I want to give confidence to the people of Papua New Guinea that this opposition is committed to ensuring that this government is brought to account,” Kua, an opposition MP, said at a media conference in Port Moresby.

“People are screaming for accountability. On behalf of the people. We are serious. The people are sick and tired of this government.

“They want to see the back of this government. They want to see them out.”

The opposition bloc stands by the motion filed on February 20 despite discrepancies raised by the overseeing Private Business Committee in a letter.

“The Acting Speaker was clear and advised that there was a discrepancy or discrepancies and so on legal advice, we have opted to not challenge that stance.

“But then by the position that the integrity of the notice of motion that we have filed is intact,” said opposition MP Keith Iduhu.

Accused the opposition
He said in their view there were no issues with the paper despite the Prime Minister having “rubbished it” and accused the opposition of forging names.

“If the committee or this chair decides to tamper with the motion . . . in any manner other than contemplated by the Supreme Court, section 23 of the constitution will be invoked and punitive measures will be sought from the courts,” Iduhu said.

“What that means is that penalties to the tune of even imprisonment up to 10 years,” he said.

“We will not hesitate to exercise our rights and the cause under the constitution.”

RNZ Pacific understands that Acting Speaker Koni Iguan and the Private Business Committee would be impacted on if that is the case.

Meanwhile, Marape said last week he would refer the second motion of no confidence paper — the one the opposition bloc said it stands by — to the Parliamentary Privileges Committee following allegations of forgery.

“It looks as if somebody is cutting and pasting these signatures and filling in names,” Marape said.

Acting Speaker Iguan told Parliament on Thursday last week that the first motion of no confidence did not qualify to be listed on the notice paper.

All MPs accountable – watchdog
Transparency International PNG (TIPNG) said the abuse of Parliament’s processes undermined public confidence and “fed corruption”.

TIPNG said all MPs were ultimately accountable to the people of PNG.

The anti-corruption watchdog said undermining democratic processes not only erodes public trust but hinders the country’s progress and development.

It said the refusal of the acting speaker to allow the motion for a vote against the prime minister, followed by an adjournment until May raises serious questions.

TIPNG chair Peter Aitsi said the motion is a fundamental tool within the parliamentary system, allowing MPs to hold the executive accountable.

He said denying a no confidence motion without due process was an affront to the democratic rights of both the opposition and the people they represented.

It “perpetuates a culture of impunity and weakens the already fragile checks and balances within the government and fuels an environment rife to corrupt behaviour,” he said.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Papua New Guinea’s amended Criminal Code Act will give police the power to deal with what they are calling “domestic terrorists”.

The impetus for the new legislation has been the rash of kidnappings carried out in a remote part of the Southern Highlands.

In Bosavi, gangs of youths have captured at least three groups, held them for ransom, and in the case of 17 teenage girls allegedly raped them.

Police Commissioner David Manning said the kidnappings and ransom demands constituted domestic terrorism.

“The amendments establish clear legal process for the escalated use of up to (sic) lethal force, powers of search and seizure, and detention, for acts of domestic terrorism,” he said.

“It is high time that we call these criminals domestic terrorists, because that is what they are, and we need harsher measures to bring them to justice one way or another.”

Manning, in a statement, went on to say domestic terrorism included the “deliberate use of violence against people and communities to murder, injure and intimidate, including kidnapping and ransoms, and the destruction of properties.

Includes hate crimes
“An accurate definition of domestic terrorism also includes hate crimes, including tribal fights and sorcery-related violence.”

Transparency International Papua New Guinea chair Peter Aitsi said he doubted the new law would be effective.

He said police already had lethal powers.

“I think in terms of changing the act to give them more power, I think they already have it,” he said.

“But I doubt whether it will have any significant improvement in terms of the response to this emerging problem we are having now, of hostage taking and ransom seeking.”

Aiitsi said that in the Highlands there was a proliferation of guns, and government authority had been overwhelmed by one or two individuals with the money and guns to maintain power.

“So in this type of environment you can see the police and authorities, so-called authorities, would be powerless, because it’s these individuals that control these large sections of these communities, that are now well armed, that are the power in these areas.”

Call For a different approach

Cathy Alex was one of a group kidnapped in February, along with a New Zealand-born Australian archaeologist and two others.

She said she had got some insight into the age and temperament of the kidnappers.

“Young boys, 16 and up, a few others,” she said.

“No Tok Pisin, no English. It’s a generation that’s been out there that has had no opportunities.

“What is happening in Bosavi is a glimpse, a dark glimpse, of where our country is heading to.”

She said there was a need for a focus on providing services to the rural areas as soon as possible.

Peter Aitsi said that over the past 20 years PNG had allowed its government system to be undermined with political elites taking control of sub-national services.

He said this had led to “our people really being pushed to the real margins of our development”.

Not engaged in society
“So as a result they are not engaged in the process of society building or even nationhood.”

Aitsi said this results in the lawless conduct.

“Their interest is to serve those who can put food on the table for them, and essentially what they see as people who care about their welfare, but they are just using them for their individual outcomes.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Transparency International Papua New Guinea has welcomed the conviction of lawyer Paul Paraka as the police confirm they are widening the investigation into the fraud case.

The NGO admits the depths of Paraka’s activities, revealed by the case, are very worrying.

Paraka, who had operated his own eponymous law firm, was convicted of misappropriating 162 million kina (about NZ$75 million) in government funds, between 2007 and 2011.

Transparency PNG spokesperson, Peter Aitsi, said the evidence outlined the complex structures that Paraka and others put together.

Significant case
He said it was a very significant case because of the amount of public money involved.

“And those are just the funds that have been identified within this case itself and paid to different parties as a result of Paraka’s activities.

“From a TI point of view we would encourage the agencies to continue to develop the evidence and if there are further charges to be laid against individuals then we would encourage them to ensure they uphold their duty and responsibility,” Aitsi said.

Paraka’s law firm, which he claimed was the biggest in the country, was engaged by the Attorney-General and Solicitor-General’s office in 2000, but this arrangement ceased in 2006.

However, from 2007 the state was still making payments to legal firms linked to Paraka.

Investigations have seesawed for 10 years and led to the replacement of the Attorney-General, the shutting down of the police fraud unit investigating the matter, and acccusations of politicians being involved.

Meanwhile, Paul Paraka threatened legal action amid claims the issues were simply administrative matters.

Police action
Police Commissioner David Manning has confirmed an investigation into fraud, money laundering and misappropriation following Paraka’s conviction.

Manning said the Paraka case attracted significant national interest due to the huge amounts of public money involved in these corrupt dealings.

“The way and manner in which these funds were syphoned through the Department of Finance to various law firms, who would then transfer this money to Mr Paraka himself, has been the subject of public outrage,” he said.

Manning said police will continue to pursue, investigate, charge and arrest those involved, and to recoup all money lost in these illegal deals.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

The new policy suggests a series of changes including legislative amendments. But media and stakeholders are not being given enough time to examine the details and study the long-term implications of the policy.

The initial deadline for feedback has been extended by another seven days from today. However, the Media Council of PNG (MCPNG) has requested a consultation forum with the government, as it seeks wider input from research organisations, academia and regional partners.

The government’s intention to impose greater control over aspects of the media, including the MCPNG, is ringing alarm bells through the region. This is to be done by re-establishing the council through the enactment of legislation.

The policy envisages the council as a regulatory agency with licensing authority over journalists.

The MCPNG was established in 1989 as a non-profit organisation representing the interests of media organisations. Apart from a brief period in the earlier part of its existence, it has largely been unfunded.

Over three decades, its role has shifted to being a representative body for media professionals and a voice for media freedom.

The president of the council, Neville Choi, says there are aspects of the media that need government support. These include protection and training of journalists. However, the media is best left as a self-regulating industry.

According to Choi:

“Media self-regulation is when media professionals set up voluntary editorial guidelines and abide by them in a learning process open to the public. By doing this, independent media accept their share of responsibility for the quality of public discourse in the country, while preserving their editorial autonomy in shaping it. The MCPNG was set up with this sole intent.

“It is not censorship, and not even self-censorship. It is about establishing minimum principles on ethics, accuracy, personal rights while preserving editorial freedom on what to report, and what opinions to express.

The regulatory framework proposed for the new media council includes licensing for journalists. Licensing is one of the biggest red flags that screams of government control.

While the PNG media has been resilient in the face of many challenges, journalists who have chosen to cover issues of national importance have been targeted with pressure coming directly from within government circles.

In 2004, the National Broadcasting Corporation’s head of news and current affairs, Joseph Ealedona, was suspended for a series of stories on the military and the government. The managing director of the government broadcaster issued the notice of suspension.

In 2019, Neville Choi, then head of news for EMTV, was sacked for disobeying orders not to run a story of a military protest outside the Prime Minister’s office in Port Moresby. Choi was later reinstated following intense public pressure and a strike by all EMTV journalists and news production staff.

Two years later, a similar scenario played out when 24 staff and EMTV’s head of news were sacked for protesting against political interference in the newsroom.

For many within the industry, licensing just gives the government better tools to penalise journalists who present an unfavourable narrative.

On paper, the government appears to be trying to remedy the desperately ailing journalism standards in PNG. But the attempt is not convincing enough for many.

Fraser Liu, an accountant by profession and an outspoken observer of national issues, says the courts provide enough of an avenue for redress if there are grievances and that an additional layer of control is not needed.

Liu said: “Media agencies and agents must be left alone to their own ends, being free from coercion of any sort, and if media reporting does in fact raise any legal issues like defamation, then the courts are the avenue for resolution. There is no shortage in common law of such case precedent. This is clearly an act by government to control media and effectively free speech.

“Government cannot self-appoint itself as a referee for free speech. Free speech is covered under our Constitution and the courts protect this basic right. The policy talks about protection of reporters’ rights. Again, what is this? They already have rights guaranteed by the Constitution.

Coming back to poor journalism standards, Minister Masiu, a former broadcast journalist himself, has been challenged on many occasions to increase investment into PNG’s journalism schools. It is a challenge he has not yet taken up despite the abundant rhetoric about the need for improvement.

The energy of government should be put into fixing the root problem contributing to the poor quality of the media: poor standards of university education.

Scott Waide is a journalist based in Lae, Papua New Guinea. He is the former deputy regional head of news for EMTV and has worked in the media for 24 years. This article was first published on the DevPolicy Blog and is republished here under a Creative Commons licence.

Article by AsiaPacificReport.nz

Sir Mekere accused them of “whitewashing the rigging and corruption associated with it”.

by the Australian National University and Transparency International. Image: Screenshot/PMC

“The ANU report and the report of TI PNG stand out in stark contrast to the remarks made by some foreign governments and in other observer reports of the 2017 election,” he said.

“While those other observers noted irregularities, mostly with the electoral roll, they failed to expose the widespread abuse, violence, intimidation and rigging that voters experienced.”

Article by AsiaPacificReport.nz