Valuable as it is for Samoans to enjoy full freedom of expression and speech, it cannot be denied that there have also been challenges associated with the exercise of such freedoms similarly faced by other countries. The increased use of the internet and social media by individuals to express their views and opinions (popular and unpopular) has brought with it many concerns supposedly towards unabated use of Facebook by faceless users to incite hate, to insult, bully, and to make false and defamatory remarks directed at individuals and their families causing great distress. In 2018 and 2021 respectively, the Government in response made calls for Facebook to be banned temporarily as a result of what it saw as inappropriate or unprincipled use of social media and the internet.6 The lack of consideration for due care and individual responsibility in the exercise of the freedom of opinion and expression continues to reinforce such concerns. There are also ongoing concerns regarding poor access by members of the public and the media to official information held by public authorities.7 Scope and limitations With a focus on the freedom of opinion and expression including the right of access to information, this report will discuss and analyze issues associated with their application, the necessary restrictions and limitations, as well as possible measures to address challenges and ensure that such rights and freedoms are responsibly exercised and protected in Samoa. The report will touch on various aspects of the different freedoms including defamation, privacy, cyberbullying, media freedom, access to information, and whistleblower protection. There were two key limitations encountered in the compilation of this report. Firstly, there was the lack of time, budget and capacity to undertake focused consultations and a fully comprehensive status report and secondly, there was poor cooperation from key agencies in providing responses and information to our questionnaire surveys. Report methodology To inform the analysis and recommendations of the report the Office sought views from relevant government agencies, civil society organisations, media groups, and the general public including marginalized groups. Data was collected through questionnaire surveys distributed to key government agencies, civil society organisations (CSOs), media groups and members of the public, as well as face to face consultations and focus group discussions with village communities. Overall we received 10 written submissions – 4 from government agencies, 2 from media organisations, 2 from CSOs and 1 individual – and surveyed 142 participants in six villages – 3 in Upolu and 3 in Savaii. 6 Joyetter Luamanu, “P.M. threatens to ban Facebook”, Samoa Observer (31 March 2018) https://www.samoaobserver.ws/category/samoa/23666. Mata'afa Keni Lesa, “Govt’s Facebook ban plan dangerous”, Samoa Observer (25 July 2020) https://www.samoaobserver.ws/category/article/67398. Soli Wilson “Govt. Facebook ban could backfire”, Samoa Observer (27 July 2020) https://www.samoaobserver.ws/category/samoa/67488. 7 Talamua News Media written submission (30 April 2021). Samoa Observer written submission (13 May 2021). State of Human Rights Report 2021 |9