Editors clash over Samoan radio talkback defamation case

Savali editor Tupuola Terry Tavita rebukes a Samoa Observer editorial for “twisting" a talkback radio controversy. Photo: PMC
Pacific Scoop:
By Josephine Latu, of Pacific Media Watch
A defamation case involving allegations on a popular talkback radio about the Samoan justice minister has divided local media opinion about the issue.
Alofa Tautai, 35, was fined WS$10,000 last week by the Supreme Court for defaming the Minister of Justice, Unasa Mesi Galo, in an a radio comment made on 19 October 2009.
She had telephoned the Talofa FM radio talkback show Uaea Mosooi and made an allegation on air about Galo involving drink-driving.
Tautai comes from the village of Sa’asaai, which is part of the constituency that elected Galo to Parliament.
According to a report by the Samoa Observer, Galo claimed his reputation had been damaged, given that “the broadcast reached a nationwide audience and from comments to him about it from many of his constituents”.
He also said in his affidavit that the Prime Minister Tuilaepa Sailele Malielegaoi had sought an explanation from him regarding the allegations.
Failing a public apology and retraction from the defendant, Galo took Tautai to court.
Observer criticism
Award winning editor-in-chief of the Samoa Observer, Savea Sano Malifa, has since slammed the justice minister in an online editorial.
“Now it looks as if we’re heading towards familiar turf once again.
“Obviously we’re talking about the eighties and nineties when the norm was for cabinet ministers to sue annoying members of the public to shut them up,” he wrote.
The Samoa Observer, the nation’s only independent daily, has been sued for defamation numerous times in the past.
In a decisive case in 1997, then prime minister Tofilau Eti Alesana sued Savea and his editor for criminal libel, claiming they had damaged his political and personal reputation.
The Supreme Court ruled that the case be dropped.
However, in a separate case in 1998, the Observer was ordered to pay WS$50,000 to the PM after publishing claims about his alleged misuse of public funds.
Spotless reputation

Samoa Observer's chief editor Savea Sano Malifa challenges minister for filing lawsuit against talkback woman. Photo: Wansolwara Online
In his Sunday editorial, Savea questioned the public expectation that government leaders should have a spotless reputation.
He also criticised the justice minister’s decision to take Tautai to court.
“He’s a Minister of Justice with a huge salary, a free car, a free phone, and all the other perks on top.
“By the way, who paid for his legal fees? Did he know that the taxpayers – that’s you and me – are required by law to pay for his legal fees, and those of all other government leaders who may sue
members of the public for defamation?” he wrote.
Response from Savali
However, at least one other media figure has defended the justice minister against “untruths” in the independent newspaper.
The editor of the government newspaper Savali, Tupuola Terry Tavita, responded to Savea’s editorial, saying it had “twisted the matter to make it look like big-bad Unasa taking on Little Red-Riding Alofa.”
Tupuola’s commentary, published in Pacific Scoop, said Savea was sending out a public message that “it’s ok to go to the media and tell untruths about your member of Parliament”.
He also accused the Samoa Observer of having ulterior motives in its coverage of the case.
“It has nothing to do with Unasa, nothing to do with Alofa Tautai and a lot to do with abrogating the state’s defamation laws,” wrote Tupuola.
He applauded Justice Minister Galo for “sticking to his principles and taking the matter to the revealing end.”
So far, there have been no reports of any case against the radio station that aired the defamatory statement, Talofa FM.
Josephine Latu is a postgraduate communication studies student from Tonga at the Pacific Media Centre who is also contributing editor of Pacific Media Watch.
Source: 6681 Pacific Media Watch

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gee lets get the story straight please. those in public office can expect open public scrutiny of their lives BUT the court has upheld the principle that what anybody says in public about any person must be based on fact not on the basis of freedom speech.
The Samoan style rumour-mongering that goes on, can affect peoples standing and reputation. often it can be hurtfull and so unfair to those affected and their families. The case encourages truthfullness and accuaracy when saying something about another in public,