As stated above, there were plans by Government to place a ban on Facebook in Samoa in order to curb the spread of defamatory remarks made by faceless users online. In response to such plans, the Office issued a statement stating: To ban Facebook in Samoa, even for a short time because of malevolent speech, is an extremely grave step to contemplate. The Government, in no uncertain terms, would be curtailing in a very telling way the ability of the people of Samoa to speak and to communicate freely. Moreover, the people of Samoa as a whole would be deprived of a fundamental entitlement because of supposedly, malevolent activity pursued by a few via Facebook. Defamation under Samoa’s laws The Defamation Act 1993 governs civil proceedings in defamation. The Crimes Act 2013 regulates criminal defamation. Section 117A(2) of the Crimes Act 2013, provides that any person who publishes by any means information about another person that is false with the intention to cause harm to that person’s reputation they would be liable on conviction to a fine not exceeding 175 penalty units or imprisonment for a term not exceeding three months.42 It is a defense however if what was said is true.43 Publishing statements that would defame a candidate running for elections is also referenced in Samoa’s electoral laws. The law provides that a person would be imprisoned for a term of 6 months for publishing untrue statements defamatory of a candidate and calculated to influence the vote of a voter.44 INFORMATION POINT: What is the difference between libel and slander?45 Libel and slander are both types of defamation. Libel is an untrue defamatory statement that is made in writing. Slander is an untrue defamatory statement that is spoken orally. A slanderous statement can be made in any medium – it could be in a blog comment or spoken in a speech or said on television. Libelous acts only occur when a statement is made in writing including digital statements. 42 Crimes Act 2013, Section 117A(1) and (3). It is important to note that defamation was reintroduced under the Crimes Amendment Act 2017 in response to concerns by the Government of defamatory remarks made by individuals online such as O le Palemia affecting the reputation of others. 43 Crimes Act 2013, Section 117A(2). 44 Electoral Act 2019, section 90 provides that, Publishing defamatory matter during elections: A person is liable on conviction to a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 6 months: (a) who publishes or exposes, or causes to be published or exposed, to public view a document or writing or printed matter containing an untrue statement defamatory of a candidate and calculated to influence the vote of a voter; and (b) at a time after public notice has been given by the Commissioner under section 52 and before the close of the poll. 45 Don Vaughan, “What’s the difference between Libel and Slander?” Britannia, https://www.britannica.com/story/whats-the-differencebetween-libel-and-slander, accessed 10 May 2021. State of Human Rights Report 2021 | 18