According to one media company, articles produced by the paper always requires balance of coverage, objective, factual representation of issues that are in the interest of the community.109 “While media freedom is essential to the operation of a genuine democracy, public confidence in the media is also crucial to its success as a trusted and reliable source of news and information”.110 On the contrary, concerns were also raised by media groups regarding laws that restrain and compromise media freedom. These concerns include the reintroduction of criminal libel in 2017 under the Crimes Amendment Act 2017 which would use to compel journalists to disclose their sources111; the lack of access by media groups to official government information that would be in the public interest112; prosecution of media sources that are public servants for leaking information113; as well as attacks by Government alleging inaccurate news reporting.114 In relation to the concern regarding the disclosure of sources, one submitter raised that journalists have a moral obligation to protect confidential sources of information so as to protect such sources from any reprisals if their names are made public.115 Moreover, such revelation could seriously undermine media freedom due to the chilling effect such disclosure would have on the free flow of information.116 The protection of media confidential sources of information is currently protected under Newspapers and Printers Act.117 Despite such protection, it is important to also note that journalists and the media should not use the obligation of confidence as a shield to defend inaccurate reporting. “Wherever possible, efforts should be made to obtain on-the-record corroboration of a story from unnamed sources. If a complaint hinged on material from an unnamed source, editors involved would be expected to produce corroborative material to substantiate the allegations or to demonstrate that the complainant had a suitable opportunity to comment on them. There would be a particular responsibility on editors to give a reasonable opportunity of reply to complainants who felt they were victims of allegations from an unnamed source.”118 In light of the above issues, it is crucial that the State encourages an independent media and provides an enabling environment through effective information sharing and the imposing of reasonable and legitimate restrictions (as outlined in section on Restrictions and Limitations) so that it does not arbitrarily 109 Samoa Observer, written submission. Samoa Law Reform Commission, Media Regulation in Samoa Issues Paper (2010) https://www.samoalawreform.gov.ws/wpcontent/uploads/2014/08/Discussion-Paper-Media-Regulation-1.pdf. 111 Mata’afa Keni Lesa, “Media freedom 'at risk' in Samoa”, RNZ (21 December 2017) https://www.rnz.co.nz/international/pacificnews/346675/media-freedom-at-risk-in-samoa. 112 Talamua written submission, Samoa Observer written submission. 113 The concern here go towards imprisonment of whistleblower who reveal information e.g. about a corrupt practice by a public body that would be in the public interest. The protection of whistleblower is discussed in Whistleblower section. It is important to note that the Newspapers and Printers Act 1993 provides for the protection of journalist’s sources whereby a journalist is not compellable in a civil or criminal proceeding to answer any question or produce any document that would disclose the identity of the informant (section 10). 114 See for example, Sapeer Mayron, “A.G. threatning press freedom: global journalists”, Samoa Observer (17 March 2021) https://www.samoaobserver.ws/category/samoa/80934. 115 Talamua written submission. 116 Talamua written submission. See also The Editor’s Codebook, “Confidential Sources”, http://www.editorscode.org.uk/downloads/codebook/codebook-clause-14.pdf, pp. 96-99. 117 Newspapers and Printers Act 1993, section 10. 118 The Editor’s Codebook, “Confidential Sources”, http://www.editorscode.org.uk/downloads/codebook/codebook-clause-14.pdf, pp. 96-99. 110 State of Human Rights Report 2021 | 31