The issue of whistleblowing or public disclosure of information is not comprehensively protected in Samoa. Several concerns were raised regarding the lack of protection afforded to whistleblowers or those who make public disclosures especially on important matters that is within the public interest.138 Proposed laws that could see public officials for disclosing official information to a third party for any reason was condemned by media groups stating it to be “heavy-handed as there are already laws protecting government information.” 139 Justification for the proposed change was a result of public officials leaking official and confidential information for corrupt use and purposes.140 Such justification was however dismissed by some providing that “the problem is not the leaking, but the lack of information provided by the government on matters of public interest”.141 The issue of the absence of a freedom of information framework and its impact is explored in detail in the Right of Access to Information section. Moreover, one submitter provided that there have been several cases where officials have resorted to legal threats to investigate leaks and hacking of how media accessed information and those in the system that blow the whistle142. For example, in 2013 a report by the Auditor General was leaked to the media prior to it being considered and reported on by the Parliamentary Select Committee in which a case was brought before the court.143 Most recently, information leaked about an alleged conflict of interest between the Office of the Attorney General and a consultant company who carried out work for the Office led to investigations into the matter by Police.144 Currently, protection is provided for those who disclose information concerning suspected irregularities or wrongdoing by public entities and officials under the Public Finance Management Act (PFMA):145 A person who has knowledge that an offence– e.g. making any statement or declaration knowing it to be false, improperly makes payment of public or trust money, or improperly uses public 138 Talamua written submission. Samoa Observer written submission. Sapeer Mayron, “Samoa needs whistleblower protection: Fiame”, Samoa Observer (17 March 2021) https://www.samoaobserver.ws/category/samoa/80892. 139 Journalists Association of Samoa, Rudy Bartley quoted in RNZ, “Samoa journalists worried about proposed whistleblower law”, RNZ (9 September 2019) https://www.rnz.co.nz/international/pacific-news/398382/samoa-journalists-worried-about-proposed-whistleblowerlaw. 140 See section 147, Crimes Act 2013. 141 Journalists Association of Samoa, Rudy Bartley quoted in RNZ, “Samoa journalists worried about proposed whistleblower law”, RNZ (9 September 2019) https://www.rnz.co.nz/international/pacific-news/398382/samoa-journalists-worried-about-proposed-whistleblowerlaw. 142 Talamua written submission. 143 Apulu Lance Polu, “Samoa AG Won’t Seek Charges Over Leaked Report”, Pacific Islands Report (18 December 2013) http://www.pireport.org/articles/2013/12/18/samoa-ag-won%C3%A2%C2%80%C2%99t-seek-charges-over-leaked-report. It is important to note that prosecution of the leak did not proceed due to the cost such case would impose on the public. 144 See International Federation of Journalists, “Samoa: Attorney General attacks Samoa Observer”, IFJ News (16 March 2021) https://www.ifj.org/media-centre/news/detail/category/asia-pacific/article/samoa-attorney-general-attacks-samoa-observer.html. 145 Public Finance Management Act 2014. State of Human Rights Report 2021 | 37