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Tonga: Defamation judgment against journalists overturned

DATE POSTED : 03.03.2025

Tonga’s civic space is rated as ‘narrowed’ by the CIVICUS Monitor. Ongoing concerns documented include the existence of criminal defamation laws, restrictions on the media and risks faced by the LGBTQI+ community.

In December 2024, Tonga's Prime Minister Siaosi Sovaleni abruptly resigned ahead of a vote of no confidence. Two weeks later, veteran politician ’Aisake Valu Eke was voted prime minister by secret ballot in parliament.

Expression

A landmark defamation judgment against three journalists, the National Reserve Bank of Tonga and its Governor, awarding over $20 million pa’anga (USD 8,276) in damages to the Tonga Development Bank (TDB) and its executives, has been overturned by Lord Chief Justice Bishop.

The three journalists are independent Tongan broadcaster Katalina Tohi of Radio 89.5fm, Katalina Tohi, Nuku’alofa-based journalist and news editor, Tevita Motulalo and Kalino Latu of the New Zealand-based Kaniva News.

In a ruling late last month, the Lord Chief Justice Bishop set aside the default judgment issued in September 2024 citing the defendants’ failure to file a defence within the required 28-day period.

The case stemmed from a leaked letter written by the Reserve Bank Governor in May 2024, detailing concerns over TDB’s leadership and actions taken against its CEO, ‘Emeline Tuita, and Board Chairman, Penisimani Vea. The plaintiffs claimed the publication of the letter caused significant financial and reputational harm.

The plaintiffs must now prove their claims in a full trial rather than rely on a default judgment. The court will scrutinize whether the publication of the letter constituted defamation or whether it was a matter of public interest and journalistic freedom.

Civic Space Developments
Country
Tonga
Country rating
Narrowed
Category
Latest Developments
Tags
harassment,  positive court ruling, 
Date Posted

03.03.2025

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