International Federation of Journalists condemns outdated libel legislation

By Vaelei Von Dincklage 25 May 2025, 6:10PM

The International Federation of Journalists (IFJ) has condemned what it calls the "silencing of independent journalism through legal harassment in Samoa" through the use of "outdated libel legislation."

In a statement, it is calling on the Government and legislators to ensure Samoa’s legal framework protects press freedom and resolves defamation claims through civil avenues.

The call from IFJ follows the charging of Lagi Keresoma, a veteran Samoan journalist with Talamua Media and the President of the Journalists Association of (Western) Samoa (JAWS). 

Ms Keresoma has been charged under the criminal defamation law in response to an article published on May 1.

“As the leader of the IFJ’s Samoan affiliate and a respected veteran journalist, the IFJ is deeply concerned at the arrest of Lagi Keresoma, with the punitive defamation charge brought against her a transparent attempt to quell critical and independent reportage,” the IFJ said in a statement.

“The IFJ joins in solidarity with the Journalists Association of (Western) Samoa (JAWS) in calling for this legal harassment to be dropped immediately and for the protection of media workers through urgent amendments to the country’s outdated libel legislation to ensure such claims are not treated as criminal charges.”

Ms Keresoma was charged with one count of defamation under Section 117A of Samoa’s Crimes Act 2013 on May 18, following an article she published more than two weeks earlier alleging that a former police officer had appealed to the Head of State to have charges against him withdrawn.

According to Police Commissioner Auapaau Logoitino Filipo, the officer filed a complaint over the May 1 article, claiming its contents were false and amounted to defamation.

The former police officer is currently before the Supreme Court of Samoa, facing two forgery charges linked to a loan application, allegations he denies.

Keresoma’s arrest under the contentious legal provision has raised serious concerns over the misuse of defamation law to stifle independent journalism.

In a statement released on May 21, JAWS expressed deep concern at Keresoma’s arrest, asserting that the journalist’s integrity and professionalism were being targeted under legislation long criticised for its suppression of media freedom, with Section 117A of the libel law weaponised to supress critical and investigative reporting.

“[Keresoma’s] arrest under this outdated and controversial provision raises serious concerns about the misuse of legal tools to silence independent journalism. The action appears heavy-handed and disproportionate, and risks being perceived as an abuse of power to suppress public scrutiny and dissent,” said Lagipoiva Cherelle Jackson, Gender Representative of JAWS to the IFJ.

The United Nations (UN) Human Rights Committee and the UN Special Rapporteur on freedom of expression have repeatedly urged that defamation be treated as a civil matter, rather than a criminal one.

Critics warn Samoa’s continued use of criminal defamation laws poses a serious threat to press freedom, disproportionately shielding those in power from public scrutiny and targeting journalists, particularly female journalists, who already face systemic intimidation in the country.

JAWS, in a statement, said: “The continued application of criminal defamation in Samoa contradicts international standards and poses a chilling threat to press freedom, particularly for women journalists who already face systemic risks and intimidation. 

"JAWS urges the authorities to ensure full transparency, due process and the immediate protection of Ms. Keresoma’s legal and human rights and calls on the Government of Samoa to urgently review and repeal criminal defamation laws that undermine democratic accountability and public trust in the system.”

By Vaelei Von Dincklage 25 May 2025, 6:10PM
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