In 2009 concerns about process and social norms such as the protection of rights to privacy prompted the Government to look into how the media in Samoa could be regulated which included the consideration of establishing a Media Council to oversee standards of balanced and accurate media reporting.99 In 2015, a survey carried out by the Office revealed an overwhelming percentage of participants supporting the idea that the media should be strongly regulated.100 Such view was based in the gap of the public’s understanding of the direct relationship between freedom of speech and media freedom whereby they saw media freedom as a privilege of the industry as opposed to an avenue for the public to express their views and opinions.101 In a comprehensive review by the SLRC in 2012 on Media Regulation in Samoa it provided that:102 Effective media regulation protects individuals and society from harm by preventing and remedying the wrongful publication of private, false, biased or otherwise harmful information and in so doing, it is said to protect and deepen the fundamental right to freedom of expression. It is important, however, that any regulation of the media is legitimate and fair and is not used to arbitrarily gag the media or censor information the public has a right to know. The review recommended the need for Samoa to establish a media council and a media code of practice to guide the work of media practitioners in Samoa to address issues including basic errors of detail; ignorance of the law; failure to confirm facts, corroborate allegations, or to observe the rules of journalistic confidence; poor editing of articles or broadcasts; fairness and balance in relation to editorial matters; false or dubious claims in advertising material; and a perceived lack of political impartiality.103 In 2015 the Media Council Act was passed which established the Journalists Association of Samoa responsible for developing and maintaining freedom of information and expression in Samoa.104 The law also established the Media Council responsible for establishing the Media Code of Practice. The Code represents an attempt to balance the concepts of media and freedom of responsibility. Its core principles include being accurate, reporting fairly and with respect for others, establishing and administering an in house process for complaints handling (self-regulation).105 Despite such Code, concerns remain especially with regard to distorted stories and misinformed reports being published both off and online,106 inaccurate reporting and failure to confirm facts or corroborate allegations,107 as well as biased and perceived lack of political impartiality.108 99 Prime Minister’s Remarks, Post Tsunami Samoa Editors’ Forum, 17 November 2009 http://jawsamoa.blogspot.com/2010/01/posttsunami-samoa-editors-forum-pm.html (21 January 2010). 100 Office of the Ombudsman NHRI Samoa, State of Human Rights Report (2015). 101 Office of the Ombudsman NHRI Samoa, State of Human Rights Report (2015). 102 Andrew Puddephatt, The Importance of Self-Regulation of the Media in Upholding Freedom of Expression (UNESCO, 2011) p. 7. 103 Samoa Law Reform Commission, Media Regulation in Samoa Final Report (June 2012) https://www.samoalawreform.gov.ws/wpcontent/uploads/2014/08/Media-Regulation-Final-Report-Final-1.pdf. 104 Media Council Act 2015, s 31(f) 105 Media Code of Practice, preamble. 106 Talamua written submission (30 April 2021). 107 MPMC written submission (26 April 2021). OOTR written submission (30 April 2021). Talamua written submission (30 April 2021). 108 MPMC written submission (26 April 2021). State of Human Rights Report 2021 | 30