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
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