Pacific Article 19 watchdog, the Pacific Freedom Forum (PFF) has expressed ‘grave concerns’ over free expression and the rights of GBV survivors following the 23 November 2024 arrest and charging of a journalist under the Papua New Guinea’s Cybercrime Act.
Media specialist and GBV activist Hennah Joku was arrested, charged with two counts of breaching the National Cybercrimes Act, detained in Boroko Prison, and then freed after PGK10,000 (US$2,494) bail was posted, all in the space of the same day following defamation complaints filed by her former partner, Robert Agen.
“We encourage the government and judiciary to review the use of defa-mation legislation to silence and gag the universal right to freedom of speech. Citizens must be informed. They must be protected. They must be able to safely question and challenge any situations and decisions re-lating to their rights under law,” said PFF Chair Robert Iroga of the Solomon Islands.
“It is also extremely sad to note the timing of this incident, just before 25th November which is the International Day for Elimination of Violence Against Women. Given the high public interest in this case, we call for the impressive speed which has been applied to this complaint to ensure a just resolution and a just decision.”
Joku, a survivor of a 2018 assault by Agen had documented and shared her six-year journey through the PNG justice system, which had resulted in his conviction and jailing in 2023.
On 02 September 2024, the PNG Supreme Court overturned that criminal conviction on all three counts, and Agen was released from prison.
On 04 and 15 September, Joku shared her reactions to more than 9,000 followers on her Meta social account. Those two posts, one of which features her injuries sustained from her 2018 assault, now form the basis for the current defamation charges against her.
Breaches of the PNG Cybercrimes Act 2016, which has an electronic defamation clause in section 20 (2), attracts penalties of up to PGK1 million K(US$249,924) fines and up to 25 years in jail.
Along with global criticism of the defamation clauses, the PFF has previously denounced this legislation as a heavy-handed approach working to gag criticism and dissent and encourage self-censorship.
In the 2023 Pacific Islands Media Freedom Index, PNG was ranked second lowest and was the only country where journalists indicated that among their media freedom concern was physical threats and safety.
