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GOVERNMENT OF THE KINGDOM OF TONGA Press Release on Tuesday, 10th February, 2004 GOVERNMENT OF THE KINGDOM OF TONGA
Press Release on Tuesday, 10th February, 2004
1
The Government of Tonga wishes to correct
the Pacific Media Watch article
TONGA: IFJ protests over media shutdown
posted 7 February 2004
The Government of Tonga wishes to correct the Pacific Media Watch article
TONGA: IFJ protests over media shutdown
posted 7 February 2004.
As an organisation dedicated to examining issues of ethics, Pacific Media Watch has failed to
comply with issues of accuracy.
The Tongan Government would like to highlight areas of misinformation with the appropriate
correction:
...shutdown of all print media in Tonga as a result of the Media Act, which banned
the publication of all newspapers whose publishers, distributors and importers did not
possess licenses.
The Tongan Government wishes to reaffirm that print media in Tonga was not
shutdown. Distribution of newspapers was momentarily delayed because licence
applications were incomplete. Licence applications were not satisfactorily completed
until 2 February 2004. The responsibility for completing the application forms lay with
the applicants. Two days after completion of the application forms newspaper licenses
were granted 4 February 2004 and issued 6 February 2004. The Media Operators Act
2003 and Newspaper Act 2003 were passed by Parliament on 20
th
October, 2003 and
gazetted on 27
th
November, 2003. Newspaper Regulations were passed and gazetted on
the 16
th
December, 2003.
The Media Operators Act 2003 and Newspaper Act 2003 are different acts which deal
with different aspects of print media. The Media Operators Act 2003 does not shut
down all print media in Tonga. It provides a general framework for the licensing of
print media together with conditions under which print media operate. No licence in
Tonga shall be granted to any foreign owned print media or any media which is voted or
owned by more than 20 per cent by foreigners or representatives of foreigners or foreign
governments.
Both Acts are part of a process of legislative activity that began in 2000 with the passing
of the Communications Act 2000. There are identical provisions in the Communications
Act 2000 and Newspaper Act 2003 that deal with licensing and the supply of content. GOVERNMENT OF THE KINGDOM OF TONGA
Press Release on Tuesday, 10th February, 2004
2
The Newspaper Act 2003provides for the specific licensing and regulation of newspapers
in the Kingdom.
Subsequently the Government of Tonga has introduced the Media Act, in order to
gain greater control over the Tongan media.
The Newspaper Act, passed in Parliament in October 2003, ensured that newspaper
operators are competent, committed to honesty, fairness, independence and the respect
of rights of others. Recent issuing of licences is in compliance with the law. These are
basic standards of journalism that was conspicuously absent in print media in Tonga
before the Acts.
In a protest letter to the Government of Tonga by Christopher Warren, IFJ President the
following incorrect claims were made:
...on 7 January Government forces made it known that under no circumstances were
newspapers allowed to be distributed without a license under the Media Act.
Letters informing newspaper operators of the requirements of the Newspaper Act and
its regulations were sent out firstly on 23 December 2003 and to others on 29 December
2003 by the Department of Communications. Public notices were made also on radio,
television and the Internet on 19 December 2003.
The Newspaper Act was only made public on 24 December, with the application
deadline for licenses closing on 31 December, giving publishers only seven days to
apply. The Registrar of Newspapers extended the deadline until 31 January to allow
publishers time to prepare and lodge application forms, however all applications
continue to await to be approved, consequently classifying all newspapers as
unlicensed and therefore illegal.
This statement is incorrect. The Media Operators Act 2003 and the Newspaper Act was
gazetted on 27 November 2003. When an Act is gazetted in Tonga it is official and
deemed as public notice. Further to this there were public notices reminding the public
of the requirements of the Act on radio (AM Station), TV and the Government Website
on 19 December 2003 by the Department of Communications.
Penalties for an unlicensed publisher include a $10,000 fine and up to one year
imprisonment.
This statement is incomplete and therefore misleading. It fails to account for the other
criteria that would incur the penalties which include the sale and distribution of any
newspaper which is unlawful under the provisions of the Act. Similar to all Act offences
committed against it will incur a fine and or imprisonment. GOVERNMENT OF THE KINGDOM OF TONGA
Press Release on Tuesday, 10th February, 2004
3
One would hope that the IFJ, as a beacon for journalists worldwide, would take the time
to verify its facts and extend the courtesy and opportunity to the Government of Tonga
to respond to these incomplete and incorrect statements.
___________________________________________________________________
Issued by
:
The Information Unit,
Prime Ministers Office,
P.O. Box 62,
Nukualofa,
Tongatapu,
TONGA.
Telephone: (676) 24 644 Website: www.pmo.gov.to
Fax: (676) 23 888 Email: depsecpm@pmo.gov.to