discussed and was noted as an emerging human rights issue at the time.4 The discussion of freedom of expression in 2015 highlighted concerns that to this day remain relevant. Some of these concerns include among others – the misunderstanding that the freedom of opinion and expression allows individuals to express their views however they want on whatever they want, without taking responsibility; the lack of awareness regarding limitations or restrictions on the freedom; poor access to official information held by public bodies; and the unregulated use of online platforms to expressly defame others and/or incite hatred towards them. Citizens’ rights to freedom of opinion and expression supported and enabled by the right of access to information, are key to our development. They keep us informed as citizens so we can discuss and debate public affairs and they empower us to make the best choices on public issues and how we are governed. Two key take home points from this Report are; (1) 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 (application); and (2) any restrictions placed on such rights and freedoms must be carefully balanced and conform with international human rights norms of necessity and proportionality and our Constitution (necessary restrictions). I acknowledge the contributions and cooperation of all our stakeholders and the public in providing feedback and submissions which have helped to inform our analysis and recommendations to Parliament. We hope this report will be a useful resource and will assist the State and everyone to ensure respect and protection of the freedom of opinion and expression and access to information for an informed and empowered citizenry. Luamanuvao Katalaina Sapolu OMBUDSMAN 4 Samoa Office of the Ombudsman NHRI Samoa, State of Human Rights Report 2015 - Summary (Apia, 2015) p. 9. State of Human Rights Report 2021 |6