Papua New Guinea’s civic space is rated as ‘obstructed’ by the CIVICUS Monitor. Among concerns previously documented are the harassment and threats against human rights defenders, particularly those working on land and environmental rights, intimidation and restrictions against journalists and excessive force during protests.
In April 2024, the CIVICUS Monitor published a research brief highlighting the slow progress by Prime Minister James Marape’s government in undertaking reforms to protect civic space as well as efforts to stifle the media and freedom of expression. These actions are inconsistent with commitments made by Papua New Guinea (PNG) to the UN Human Rights Council as well as human rights guarantees protected in the International Covenant on Civil and Political Rights (ICCPR) and the Constitution.
In recent months, a journalist was blocked from a media briefing while the proposed media development policy continues to raise concerns. The cybercrime law is being used to criminalise online expression while protesters have been charged for burning a flag while protesting an eviction.
Expression
Ban on journalist during visit by Indonesia president-elect
A journalist from BenarNews was excluded from a media briefing with Indonesia’s President-elect Prabowo Subianto and Prime Minister James Marape in the capital Port Moresby.
According to BenarNews, on 21st August 2024, Papua New Guinean reporter Harlyne Joku was denied entry at Jackson’s International Airport to cover Prabowo’s arrival, despite being accredited to cover the event by the PNG foreign ministry and the Department of Information and Communications.
She was later told by a foreign ministry staff member that she had been removed from the list of approved journalists at the direction of Indonesian officials. Joku appealed the ban with the office of Foreign Minister Justin Tkatchenko, which intervened to allow her to cover Prabowo’s arrival but not a press briefing with Marape.
PNG’s media council condemned this action and said the exclusion was “concerning” and “shameful”. It also said that the move was “an attack on PNG’s independent media sector, and an affront on PNG’s political sovereignty.”
Neville Choi, the council president said: “This is not the first time for visiting foreign delegations to impose restrictions on PNG journalists covering their events.”
Choi said Joku’s ban appears to have been made because of her background and reporting. Joku, who is based in Port Moresby, was born in Sentani in Indonesia’s Jayapura regency and has recently covered stories concerning human rights abuses in the region and West Papua’s push for independence.
As previously documented by the CIVICUS Monitor, in November 2018, media invited to cover Chinese President Xi Jinping's dinner meeting with Pacific leaders were denied entry by Chinese officials. An Australian Broadcasting Corporation (ABC) camera operator who was filming the press being rejected was then threatened by a local security officer.
Proposed media development policy continues to raise concerns
The incident comes amid growing concern about the government’s plan to regulate the press under its so-called media development policy.
As previously documented, journalists have raised concerns about the media development policy proposed by the PNG Communications Minister, Timothy Masiu, that 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, the Pacific Freedom Forum, among others, have asked for the policy to be dropped.
In May 2024, Scott Waide, a senior Papua New Guinea journalist, told BenarNews: “We’re calling it the ‘media control policy’, not the ‘media development policy’. We didn’t agree with it because it was trying to make the media an extension of the government public relations mechanism.”
In July 2024, it was reported that the proposed media policy is now in its fifth draft.
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.
The group noted that the absence of a Right to Information Act deprives journalists of access to official documents, which puts them at odds with the authorities. RSF said that journalists are faced with intimidation, direct threats, censorship, lawsuits and bribery attempts, and direct interference often threatens the editorial freedom at leading media outlets.
Cybercrime law used to criminalise online expression
The 2016 Cybercrime Act has continued to be used to silence criticism and creates a chilling effect. The law has been criticised by the opposition, journalists and activists for its implications for freedom of expression and political discourse.
The law defines cybercrime as “offences committed using electronic devices, systems and or networks.” The Act covers a whole range of illegal online activities including defamatory publication. Defamation carries a maximum penalty of up to 25 years’ imprisonment or a fine of up to one million Kina (approx. USD 260,000).
Such a provision is inconsistent with international human rights law and standards that call for the decriminalisation of defamation. In General Comment 34, the UN Human Rights Committee states that imprisonment is never an appropriate penalty for defamation. Arrests, detention, charges or convictions based on laws that criminalise the peaceful exercise of freedom of expression are considered arbitrary and unlawful. Civil damages are widely seen to be sufficient to redress harm to an individual’s reputation.
Kila Aoneka Wari, who was charged with criminal defamation under section 21(2) of the Cybercrime Act 2016 in 2022 is facing trial. Section 21(2) criminalises defamatory publication. Wari was accused of deliberately posting defamatory material which was false and intended to damage the reputation of the complainant as a politician.
In August 2024, in a case brought by Wari, the Supreme Court ruled that this law does not contravene the provisions of Section 46 of the Constitution which provides for freedom of expression.
Peaceful Assembly
Protesters charged for burning a flag against eviction in Bush Wara
A school, churches and 930 homes worth millions of dollars are being torn down and 5000 people face homelessness in Port Moresby after a mass eviction by PNG’s largest superannuation company. This is the story of Bush Wara: https://t.co/4VaJNGC3ai
— Marian Faa (@marianfaa) July 13, 2024
On 10th July 2024, police apprehended six people for burning the Papua New Guinea flag during what police deem an illegal protest by Bush Wara settlers in Port Moresby.
The acting commander of the National Capital District and Central Province Assistant Commissioner of Police, Peter Guinness, said the suspects were brought to the Boroko Police Station and detained in the holding cell.
The six were part of a larger group of protesters at Bush Wara who were facing an eviction and were refusing to move. According to RNZ, the site at Bush Wara in Port Moresby was being cleared by the owner, Nambawan Super Ltd - the superannuation provider - which wants to develop the site. Bush Wara has been home to about 5000 people who had built permanent structures on the site. It included multiple churches, a school, medical centre, shops and about 930 homes developed over decades and collectively worth millions of dollars. According to ABC, some of the settlers had negotiated land transfers informally but did not have land titles.
On 8th August 2024, three of the six appeared in court. All six were charged under Section 6(3) for Improper use of the National Flag in the National Identity Act and Unlawful Assembly under Section 64 of the Criminal Code Act.
There are concerns that their arrest and prosecution contravenes the International Covenant on Civil and Political Rights (ICCPR), which PNG is a party to. The UN Human Rights Committee which oversees the implementation of the ICCPR in General Comment 34 has raised concerns regarding laws on such matters as disrespecting flags and symbols, which could be used to limit expression. The Committee also states in General Comment 37 that a failure to notify the authorities of an upcoming assembly, where required, does not render the act of participation in the assembly unlawful, and must not in itself be used as a basis for dispersing the assembly or arresting the participants or organizers, or for imposing undue sanctions, such as charging the participants or organizers with criminal offences.