It was evident from consultations that people were aware of the importance of the freedom of opinion
and expression. Participants highlighted that freedom of speech and expression allows individuals to:32
express views and opinions on issues affecting communities,
express ideas and thoughts about certain topics that concern families and their welfare,
encourage and inform debates, and
inform and empower people.
Despite such importance, many expressed that there is still a great challenge especially in relation to the
application of such freedoms where some individuals have exercised their freedom of expression and
opinion without taking responsibility.33
There seems to be a common belief among some that having such freedoms allows any person to
‘say whatever they like, about whoever, however they like, whenever they like’. This is a serious
misconception. No fundamental freedom is absolute. The enjoyment of any personal freedom in a
civilized society is limited by the rights of others to enjoy their own personal freedoms. Fundamental
rights are in tandem always with a fundamental responsibility not to infringe upon the legitimate
rights of others.34
Further to the exercise without care, there also seems to be a limited understanding among the general
public of the limitations and the extent to which such right may be exercised, and the importance of why
these restrictions are put in place.35 As highlighted in the graph below 11% of those surveyed expressed
that freedom of expression allows individuals to express views without limitation. The lack of responsible
exercise of freedom of expression is one of the key contributing factors to concerns and issues such as
defamation, privacy breaches, and misreporting among others.
However, the graph also shows that some of those consulted during focus groups (22%) were in fact aware
of the responsibilities associated with such freedoms and rights with some providing that opinions and
views expressed must be done so in a peaceful manner and in a way that does not negatively impact on
others36. Many also expressed that freedom of opinion and expression enables individuals to share
personal problems without fear or judgment (23%). There were also several survey participants who
responded with no answer. One reason for this is due to the absence of understanding or awareness.
32
Focus groups consultations and feedback Upolu (March 2021) and Savaii (April 2021).
Focus groups consultations and feedback Upolu (March 2021) and Savaii (April 2021).
34 Office of the Ombudsman NHRI Samoa, “Disentangling beliefs about freedom of opinion/expression”, Press Release (29 July 2020),
https://ombudsman.gov.ws/wp-content/uploads/2020/07/PRESS-STATEMENT_-NHRI-freedom-of-speech-FINAL-version-29-july.pdf.
35 SLRC written submission. Focus groups consultations and feedback Upolu (March 2021) and Savaii (April 2021).
36 Focus groups consultations and feedback Upolu (March 2021) and Savaii (April 2021).
33
State of Human Rights Report 2021
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