TONGA

PROTECTION FROM ABUSE OF PRESS FREEDOM ORDINANCE 2003

GS 8 of 2003

ACT OF THE CONSTITUTION OF TONGA

[4th April, 2003]

THE PROTECTION OF THE KING, ROYAL FAMILY, GOVERNMENT AND PEOPLE OF THIS KINGDOM FROM ABUSE OF PRESS FREEDOM

BE IT ORDAINED by the King and the Privy Council in pursuance of the powers conferred by the Act of the Constitution of Tonga and by the Government Act as follows:

1. This Ordinance may be cited as the Protection from Abuse of Press Freedom Ordinance 2003.

2. In this Act unless the contrary intention appears-

"import" means to bring into the Kingdom by any means and in any form including electronic transmission;

"publication" means any publication, or part thereof, listed in the Schedule.

3. (1) It shall be unlawful for any person to-

(a) publish;

(b) sell or offer for sale;

(c) distribute;

(d) copy or reproduce;

(e) possess; or

(f) import,

any publication to which this Ordinance applies.

(2) Any person who commits an offence under this Ordinance is liable upon conviction to a fine not exceeding $1,000 or imprisonment for any period not exceeding 2 years.

4. (1) Nothing in this Ordinance shall apply to any person to whom the following provision apply:

(a) any person to whom a publication shall be sent without his knowledge or consent;

(b) any person who has in his possession any publication at the time this Ordinance comes into effect.

(2) The protection under subsection (1)(a) shall only apply where the person concerned within 24 hours delivers the publication to an officer in the nearest Police Station or Customs Office.

5. (1) The Commander of Police, the Commissioner of Revenue or any officer authorised in writing by any of them may search without warrant, detain, open and examine anything or person which he suspects on reasonable grounds to contain any publication and such officer shall take possession of any publication found by him.

(2) Subsection (1) shall not authorise the opening of any letter, package, parcel or container except in the presence of the person, or the authorised agent of the person, to whom it is addressed.

6. (1) The Cabinet may by regulation delete from or add to the list of publications in the Schedule.

(2) Any action may only be done under subsection (1) if in the opinion of Cabinet such action is for the protection of the King, the Royal Family, the Government or the people of this Kingdom.

(3) An action done under this section shall not be subjected to any judicial review.

7. Prosecutions under this Act shall be instituted by the Police.

SCHEDULE

Taimi 'o Tonga newspaper
Lali Media Limited publications

Made at Nuku'alofa this 4th day of April, 2003.
By Order
Hon. Ma'afu
Acting Clerk to Privy Council

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