Civic space in Samoa is rated as ‘open’ by the CIVICUS Monitor. However, there have been concerns about criminal defamation charges brought against critics, intimidation of the media and challenges for journalists in accessing state information.
In recent months, the opposition leader was arrested for defamation while the ranking for Samoa’s press freedom index dropped further.
Expression
Opposition leader arrested for defamation
The Leader of the Opposition in Samoa was arrested on 13th August 2026 on defamation charges against the Prime Minister. Samoa Police told RNZ Pacific that Tuilaepa Sailele Malielegaoi was held in remand for 24 hours, before being released on bail. The bail conditions include surrendering travel documents and that he not make any further defamatory comments.
In April 2026, Prime Minister Laaulialemalietoa Leuatea Polataivao Fosi Schmidt took Tuilaepa to court after the opposition leader made comments on social media accusing him and other ministers of misusing government money for personal and family expenditure. He claimed that money given to Samoa by New Zealand as restitution for the HMNZS Manawanui sinking was used for the benefit of rival FAST Party candidates in two Safata by-elections in early 2026.
Tuilaepa was ordered not to make further comments on this kind,but at a televised press conference with local media on 6th August 2026 at the HRPP headquarters, he raised them again.
Tuilaepa said this was "an attempt to shut me up". He added: "I made my comments in accordance with my own belief that the court had given me the opportunity to continue to practise my right as the Leader of the Opposition."
It is the second time in 2026 that Tuilaepa has been charged under the Criminal Libel Act for defamation and harassment. He currently also faces four counts of defamation and harassment against Minister of Education and Culture, Hon Aiono Alec Ekeroma.
Under Section 117A of Samoa’s Crimes Act 2013, publishing false information about another person with the intent to harm their reputation is a criminal offence.
Such a law is inconsistent with the consensus that has grown in recent years in support of the decriminalisation of defamation. In General Comment 34, the UN Human Rights Committee urged states to decriminalise defamation and called on those retaining criminal defamation provisions to ensure that they do not carry the threat of imprisonment. Human rights courts, international and regional human rights bodies, and human rights mandate-holders have similarly called for the repeal and reform of criminal defamation provisions.
Samoa’s rating drops in the press freedom index
Samoa has fallen to its lowest ranking on the Reporters Without Borders (RSF) press freedom index, published in May 2026. Ranked at 59th out of 180 countries, Samoa was ranked 44th in 2025.
RSF stated that despite the vitality of some of its media groups, this Pacific Island archipelago’s reputation as a regional model of press freedom has been undermined in recent years by pressure from governments confronted with political instability.
Prime Minister Laaulialemalietoa Leuatea Polataivao Schmidt said only the media can “ask yourselves” and respond to the ranking.
The CIVICUS Monitor has documented a number of concerns related to press freedom over the last year. Lagi Keresoma, a veteran Samoan journalist and president of the Journalists Association of (Western) Samoa (JAWS), was charged with criminal defamation under Samoa's Crimes Act 2013 in May 2025. According to the International Federation of Journalists (IFJ) she is due to appear in court on 26th August 2026, with a hearing set for November 2026.
In November 2025, Samoa’s only daily newspaper - the Samoa Observer - was banned from attending press conferences with the Samoan Prime Minister. Relations between Prime Minister Laaulialemalietoa Leuatea Polataivao Fosi Schmidt and the Samoa Observer deteriorated after the Prime Minister accused the newspaper of inaccurate reporting during his eight-week medical stay in New Zealand.
Further, a new media protocol proposed by the Samoan government in December 2025 has raised concerns at provisions that will impose stronger restrictions on press conferences, including background checks on political alignment and mandatory approval of questions.
In March 2026, police charged Samoa Observer senior journalist Marieta Ilalio with two counts of defamation following a complaint from the children of Prime Minister Laaulialemalietoa Leuatea Schmidt. The charges stemmed from an article she wrote and published in the newspaper.