The Tongan Journalists’ Association in New Zealand says recent media legislation passed  by the Tongan government is open to abuse.

According to the Communications (Infringement Notice Regime) Declaration, the government can impose fines of TP$2000 for a range of offences.

The government said it did not have to consult with the media about the new law.

The Editor of Kakalu ‘O Tonga newspaper said he believed the laws could undermine freedom of speech.

‘Ulu’alo Po’uhila called on Association members to be vocal in criticising the government over the legislation.

The Editor of Dateline Tonga radio programme Kite Tu’akalau said he needed more information from the government about the infringement notice before he could comment.

Tongan correspondent and former editor Faka’osi Maama said the new law was based on legislation from 2016 and based on bad spirit (“laumalie ‘ikai sai.”)

According to the government notice issued about the new law in May, it is based on Section 162(7) of the Communications Act 2015 (“the Act”).  The Act came in to force on February 18, 2016.

The Communications (Infringement Notice Regime) Declaration was made by the Minister of MEIDECC on May 21 this year.

An infringement notice can be issued if the Regulator has reasonable ground to believe that a person has contravened an infringement provision. If convicted, fines of up to TP$2000 can be issued for the following:

  • Unlawful publication of sensitive information
  • Supply of communications services without authorisation
  • Non-compliance with licence conditions
  • Provision of false and misleading information
  • Unlawful supply of content application services
  • Accidental damage to communications facilities
  • General penalty
  • Unlawful disclosure

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