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.
Expression
Lawsuit filed by MP against individual over corruption allegations
On 25th July 2025, it was reported that Sāmiu Vaipulu, an MP from the Vavaʻu 15 constituency, filed a defamation lawsuit against Toula Town Officer Kavamone Toʻia over allegations he made on Facebook that Vaipulu misused parliamentary district funds.
The legal action, filed in the Lower Court, follows a social media post in which Toʻia accused the MP of embezzling public money meant for constituency development.
Vaipulu’s lawyer has argued that the claims are false and have harmed his reputation, according to a court document purportedly presenting the charges, seen by Kaniva News. Vaipulu is seeking TOP$10,000 (USD 4,215) in damages.
There is a concern that the case may amount to a Strategic Lawsuit Against Public Participation (SLAPP), which aims to bury critics intentionally under expensive and often baseless legal claims to intimidate and silence them. Usually, the objective in these cases is not a positive judgment, but rather to leverage the threat of financial damage — typically against persons and organisations that cannot reasonably pay for the damages sought in the lawsuit. Libel and defamation are often used as the underlying complaints in SLAPP suits.
Concerns around press freedom and access to information
In May 2025, Tonga was ranked in 46th place out of 180 countries in the Reporters Without Borders (RSF) press freedom index.
According to RSF, while the constitution guarantees press freedom, its enforcement has been erratic. A 2020 law on electronic crimes imposes a three-year jail sentence for cyber harassment, which is not clearly defined. More recently, the Ministry of Information and Communications quietly adopted eight draconian media regulations that, in essence, penalise the dissemination of so-called “sensitive” information and protect politicians.
In March 2025, a study entitled “The State of the Media: Tonga” was published, led by ABC International Development (ABCID) and delivered as part of the Pacific Media Assistance Scheme (PACMAS), informed by their Pacific partners.
The study noted that in 2020, the Ministry of Communications adopted a law that could penalise media for publication of sensitive information, which was seen as a threat to freedom of speech. Further, the Constitution of Tonga does not provide for a right to information or access to information; rather, it protects official secrets. The Official Secrets Act protects government information and prohibits the communication of information that is prejudicial to the interest of the state or the public.