Jail term ‘not penalty’ for defamation

News that matter in Papua New Guinea

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Jail term ‘not penalty’ for defamation

PORT MORESBY: The National Court in Waigani has ruled that imprisonment cannot be a penalty for defamation because of the protection of Section 46 of the Constitution on the freedom of expression.

Acting judge Justice Laura Kuvi made the ruling on Thursday (Dec 9, 2021) when freeing Quintina Selma Saun who was found guilty of writing defamatory posts on Facebook about an EMTV journalist.

The ruling was reported by The National:

 

Jail term ‘not penalty’ for defamation

December 10, 2021The NationalMain Stories

By BEVERLY PETER
A WOMAN who was charged and found guilty of writing defamatory posts on Facebook about an EMTV journalist was freed by Waigani National Court yesterday.
Acting judge Justice Laura Kuvi, in freeing defendant Quintina Selmah Saun, of Sambamgan village, East Sepik, said imprisonment could not be a penalty for a defamation case because of the protection of Section 46 of the Constitution on the freedom of expression.
Justice Kuvi said Saun had appeared in court from custody after being arrested for not appearing for her scheduled court dates.
The court heard that from July 24-30, 2019, Saun’s boyfriend posted his ex-girlfriend Theckla Gunga’s photo on Facebook.
Saun was upset and posted some defamatory words against Gunga.
Gunga reported the matter to police and Saun was arrested and charged with defamation under the Cybercrime Act.
Justice Kuvi said PNG was a democratic society in which citizens had certain rights and freedoms which were not available in some countries.
She quoted words by United Nation Human Rights committee member Alexander Adonis against the Philippines government.
“Care should be taken by State parties to avoid accessibly measures in penalties,” she said.
“State party should consider decriminalisation of defamation and in any case, the application of the criminal law should only be tolerated in most serious case and imprisonment is never an appropriate penalty.”
Justice Kuvi said when one criminalised the freedom of expression, that meant that everybody posting anything on social media about anybody would risk prosecution.
She said the media would also be impacted by such a law.

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