Sunday, February 28, 2010

[pima.nius] SAMOA: Editors clash over radio talkback defamation case

11:17 AM |


Title – 6681 SAMOA: Editors clash over radio talkback defamation case
Date – 27 February 2010
Byline – None
Origin – Pacific Media Watch
Source – Pacific Media Watch, 27/2/10
Copyright – PMW
Status – Unabridged
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EDITORS CLASH OVER RADIO TALKBACK DEFAMATION CASE
www.pacmediawatch.aut.ac.nz

By Josephine Latu, of Pacific Media Watch

AUCKLAND (Pacific Media Watch):  A defamation case involving allegations on a popular talkback radio about the Samoan justice minister has divided local media opinion about the issue.

Alofa Tautai, 35, was fined WS$10,000 last week by the Supreme Court for defaming the Minister of Justice, Unasa Mesi Galo, in an a radio comment made on 19 October 2009.

She had telephoned the Talofa FM radio talkback show Uaea Mosooi and made an allegation on air about  Galo involving drink-driving.

Tautai comes from the village of Sa'asaai, which is part of the constituency that elected Galo to Parliament.

According to a report by the Samoa Observer, Galo claimed his reputation had been damaged, given that "the broadcast reached a nationwide audience and from comments to him about it from many of his constituents".
www.samoaobserver.ws/index.php?view=article&id=19122%3Awoman-fined&option=com_content&Itemid=62

He also said in his affidavit that the Prime Minister Tuilaepa Sailele Malielegaoi had sought an explanation from him regarding the allegations.

Failing a public apology and retraction from the defendant, Galo took Tautai to court.

Observer cricriticism
Award winning editor-in-chief of the Samoa Observer, Savea Sano Malifa, has since slammed the justice minister in an online editorial.
www.samoaobserver.ws/index.php?option=com_content&view=article&id=19239:well-done&catid=51:editorial&Itemid=103

"Now it looks as if we're heading towards familiar turf once again.

"Obviously we're talking about the eighties and nineties when the norm was for cabinet ministers to sue annoying members of the public to shut them up," he wrote.

The Samoa Observer, the nation's only independent daily, has been sued for defamation numerous times in the past.

In a decisive case in 1997, then prime minister Tofilau Eti Alesana sued Savea and his editor for criminal libel, claiming they had damaged his political and personal reputation.

The Supreme Court ruled that the case be dropped.

However, in a separate case in 1998, the Observer was ordered to pay WS$50,000 to the PM after publishing claims about his alleged misuse of public funds.

In his Sunday editorial, Savea questioned the public expectation that government leaders should have a spotless reputation.

He also criticised the justice minister's decision to take Tautai to court.

"He's a Minister of Justice with a huge salary, a free car, a free phone, and all the other perks on top.

"By the way, who paid for his legal fees? Did he know that the taxpayers - that's you and me - are required by law to pay for his legal fees, and those of all other government leaders who may sue members of the
public for defamation?" he wrote.

Response from Savali
However, at least one other media figure has defended the justice minister against "untruths" in the independent newspaper.

The editor of the government newspaper Savali, Tupuola Terry Tavita, responded to Savea's editorial, saying it had "twisted the matter to make it look like big-bad Unasa taking on Little Red-Riding Alofa."

Tupuola's commentary, published in Pacific Scoop, said Savea was sending out a public message that "it's ok to go to the media and tell untruths about your member of Parliament".
http://pacific.scoop.co.nz/2010/02/samoan-justice-minister-deserves-a-bouquet-for-his-talkback-case-stand/

He also accused the Samoa Observer of having ulterior motives in its coverage of the case.

"It has nothing to do with Unasa, nothing to do with Alofa Tautai and a lot to do with abrogating the state's defamation laws," wrote Tupuola.

He applauded Justice Minister Galo for "sticking to his principles and taking the matter to the revealing end."

So far, there have been no reports of any case against the radio station that aired the defamatory statement, Talofa FM.

* Comment on this item www.pacific.scoop.co.nz

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