There were mixed views expressed during consultations regarding the protection on the one hand and the need to impose restrictions on the other for the freedom of expression and speech as highlighted in the graphs below. Overall, many people agreed that the freedom of expression and speech should be strongly regulated, but when analyzed qualitatively, a different picture emerged. Submissions in support of imposing strict restrictions were mainly due to the lack of responsibility exercised by individuals when exercising their freedom of speech where it has led to reputations of individuals, families and villages being affected.188 However, those who were against imposing strict restrictions provided that freedom of opinion and expression must be protected to ensure transparency and accountability, encourage debate and exchanging of ideas on important issues (as highlighted in the section on Public’s Understanding of Freedom of Opinion and Expression above). MUST BE RESTRICTED did not answer 8% Yes No MUST BE PROTECTED did not answer Yes No 5% 10% 16% 74% 87% Although many provided for the freedom of opinion and expression to be restricted, it was also evident from responses that there was lack of awareness of restrictions already put in place by the law. This lack of awareness on restrictions was also expressed by some government agencies.189 As provided above the freedom of speech and expression in Samoa although guaranteed by the Constitution under Article 13(1) are subject to certain restrictions. Every individual in an open, peace loving society has to be free to express his/her ideas, or to explain any view he/she may hold to inform, edify or entertain fellow citizens. On the other hand, no one should be free to use abusive or insulting language to harass or distress another, much less to excite 188 189 Focus groups consultations (Upolu and Savaii) SLRC written submission. State of Human Rights Report 2021 | 46

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