STATUS OF FREEDOM OF OPINION AND EXPRESSION IN SAMOA Freedom of expression and speech (which embraces media freedom and access to information) is protected under Article 13(1)(a) of Samoa’s Constitution LAW Article 19 of the ICCPR provides for the promotion and protection of the freedom of opinion and expression which includes access to information. Samoa became a party to the ICCPR in 2008 WAYS USED TO EXPRESS VIEWS/ OPINIONS 25% of those surveyed expressed that they express their views/ opinions through Facebook/ social media 49% of those surveyed expressed that they express their opinions/ views with others RESPONSIBILITY No one can rely on the freedom of expression or speech to limit or undermine the human rights of others Individuals are free to express their views and opinions (including receiving information), however, they must do so in a way that respects and does not negatively impact others which is consistent with our Fa’asamoa values of faa’aloalo and va tapuia RESTRICTIONS & LIMITATIONS Article 13(2) of Samoa’s Constitution provides that reasonable restrictions and limits may be imposed on freedom of speech and expression in the interests of national security, friendly relations with other States, public order or morals, for protecting the privileges of the Legislative Assembly, for preventing the disclosure of information received in confidence, for preventing contempt of Court, defamation or incitement to any offence Article 19 of the ICCPR (which Samoa is a party) provides that freedom of opinion is absolute and should be subject to no restrictions. Freedom of expression on the other are subject to certain restrictions that must be provided by law, necessary for pursuing a legitimate aim in a democratic society, and proportionate Source: Constitution of Samoa, ICCPR Office of the Ombudsman NHRI Samoa State of Human Rights Report 2021