Papua New Guinea’s civic space has been rated as “obstructed” by the Civicus Monitor and the country has been criticised for pushing forward with a controversial media law in spite of strong opposition.
Among concerns previously documented by the civil rights watchdog are harassment and threats against human rights defenders, particularly those working on land and environmental rights, use of the cybercrime law to criminalise online expression, intimidation and restrictions against journalists, and excessive force during protests.
In recent months, the authorities have used the cybercrime law to target a human rights defender for raising questions online on forest enforcement, while a journalist and gender-based violence survivor is also facing charges under the law, said the Civicus Monitor in its latest report.
The court halted a logging company’s lawsuit against a civil society group while the government is pushing forward with the controversial National Media Development law.
Human rights defender charged under cybercrime law
On 9 December 2024, human rights defender and ACT NOW! campaign manager Eddie Tanago was arrested and charged by police under section 21(2) of the Cybercrime Act 2016 for allegedly publishing defamatory remarks on social media about the managing director of the PNG Forest Authority.
Tanago was taken to the Boroko Police Station Holding cell and released on bail the same afternoon. If convicted he could face a maximum sentence of 15 years’ imprisonment.
ACT NOW is a prominent human rights organisation seeking to halt illegal logging and related human rights violations in Papua New Guinea (PNG).
According to reports, ACT NOW had reshared a Facebook post from a radio station advertising an interview with PNG Forest Authority (PNGFA) staff members, which included a photo of the managing director.
The repost included a comment raising questions about PNGFA forest enforcement.
Following Tanago’s arrest, ACT NOW said: “it believes that the arrest and charging of Tanago is a massive overreach and is a blatant and unwarranted attempt to intimidate and silence public debate on a critical issue of national and international importance.”
It added that “there was nothing defamatory in the social media post it shared and there is nothing remotely criminal in republishing a poster which includes the image of a public figure which can be found all over the internet.”
On 24 January 2025, when Tanago appeared at the Waigani Committal Court, he was instead charged under section 15, subparagraph (b) of the Cybercrime Act for “identity theft”. The next hearing has been scheduled for February 25.
The 2016 Cybercrime Act has been used to silence criticism and creates a chilling effect, said Civicus Monitor.
The law has been criticised by the opposition, journalists and activists for its impact on freedom of expression and political discourse.
JOURNO ARRAIGNED ON CYBER HARASSMENT
Journalist Hennah Joku appeared before Magistrate Paul Nii at the Waigani Committal Court on charges of cyber defamation following a Facebook post made on 4th September 2024.
Read more:https://t.co/LEIDEcTZv6#EMTVNews #EMTVOnline pic.twitter.com/zHqm353Cst— EMTV (@EMTVOnline) December 5, 2024
Journalist and gender activist charged with defamation
Journalist and gender activist Hennah Joku was detained and charged under the Cybercrime Act on 23 November 2024, following defamation complaints filed by her former partner Robert Agen.
Joku was charged with two counts of breaching the Cybercrimes Act 2016 and detained in Boroko Prison. She was freed on the same day after bail was posted.
Joku, a survivor of a 2018 assault by Agen, had documented and shared her six-year journey through the PNG justice system, which had resulted in his conviction and jailing in 2023.
On 2 September 2024, the PNG Supreme Court overturned two of three criminal convictions, and Agen was released from prison.
On 4 and 15 September 2024, Joku shared her reactions with more than 9000 followers on her Meta social media account. Those two posts, one of which featured the injuries suffered from her 2018 assault, now form the basis for the current defamation charges against her.
Section 21(2) of the Cybercrimes Act 2016, which has an electronic defamation clause, carries a maximum penalty of up to 25 years’ imprisonment or a fine of up to one million kina (NZ$442,000).
The Pacific Freedom Forum (PFF) expressed “grave concerns” over the charges, saying: “We encourage the government and judiciary to review the use of defamation legislation to silence and gag the universal right to freedom of speech.
“Citizens must be informed. They must be protected.”
Court stays logging company lawsuit against civil society group
In January 2025, an injunction issued against community advocacy group ACT NOW! to prevent publication of reports on illegal logging has been stayed by the National Court.
In July 2024, two Malaysian owned logging companies obtained an order from the District Court in Vanimo preventing ACT NOW! from issuing publications about their activities and from contacting their clients and service providers.
That order has now been effectively lifted after the National Court agreed to stay the whole District court proceedings while it considers an application from ACT NOW! to have the case permanently stayed and transferred to the National Court.
ACT NOW! said the action by Global Elite Limited and Wewak Agriculture Development Limited, which are part of the Giant Kingdom group, is an example of Strategic Litigation Against Public Participation (SLAPP).
“SLAPPs are illegitimate and abusive lawsuits designed to intimidate, harass and silence legitimate criticism and close down public scrutiny of the logging industry,” said Civicus Monitor.
SLAPP lawsuits have been outlawed in many countries and lawyers involved in supporting them can be sanctioned, but those protections do not yet exist in PNG.
The District Court action is not the first time the Malaysian-owned Giant Kingdom group has tried to use the legal system in an attempt to silence ACT NOW!
In March 2024, the court rejected a similar SLAPP style application by the Global Elite for an injunction against ACT NOW! As a result, the company discontinued its legal action and the court ordered it to pay ACT NOW!’s legal costs.
Government pushes forward with controversial media legislation
The government is reportedly ready to pass legislation to regulate its media, which journalism advocates have said could have serious implications for democracy and freedom of speech in the country.
National Broadcasting Corporation (NBC) of PNG reported in January 2025 that the policy has received the “green light” from cabinet to be presented in Parliament.
The state broadcaster reported that Communications Minister Timothy Masiu said: “This policy will address the ongoing concerns about sensationalism, ethical standards, and the portrayal of violence in the media.”
In July 2024, it was reported that the proposed media policy was now in its fifth draft but it is unclear if this version has been updated.
As previously documented, journalists have raised concerns that the media development policy could lead to more government control over the country’s relatively free media.
The bill includes sections that give the government the “power to investigate complaints against media outlets, issue guidelines for ethical reporting, and enforce sanctions or penalties for violations of professional standards”.
There are also concerns that the law will punish journalists who create content that is against the country’s development objectives.
Organisations such as Transparency International PNG, Media Council of PNG, Pacific Freedom Forum, and Pacific Media Watch/Asia Pacific Media Network among others, have asked for the policy to be dropped.
The press freedom ranking for PNG dropped from 59th place to 91st in the most recent index published by Reporters without Borders (RSF) in May 2024.
Civicus Monitor.
