“From a political perspective the proposed amendment to Clause 7 of the Constitution may be seen as an attempted Coup d'Etat, and it is the first step to destabilising and eventually destroying Tonga's Constitutional Monarchy form of government.”

by Pesi Fonua, Editor, Matangi Tonga

Although public reaction is heating up to a Tonga government move to control Freedom of Speech by changing Clause 7 of the island kingdom's 127 year old Constitution, few people yet realise the enormous and serious implications of what that change might mean.

Objections so far have been based on the glaring illegality of the change, but there is more to it than that.

Debate on the government's Bill to Amend Clause 7 of the Tongan Constitution was due to start in the Tongan Legislative Assembly on August 28, but was postponed until October 6, when the Bill will be introduced by the Minister of Law, 'Aisea Taumoepeau.

Already there have been petitions of objection presented to parliament by the Tonga Media Council, and the Tonga Law Society, while letters of concern have been sent to government by the Tonga Chamber of Commerce, and others in the community.

In the meantime, Tongans must come to terms with what will happen to our government, and to the country if this Bill to change Clause 7 "Freedom of Speech" should ever become law.

Firstly and foremost, any attempt to amend Clause 7 in order for government to regulate the media, is an unconstitutional and unlawful act. It is spelled out clearly in the very clause, which is to be amended: ". . . and no law shall ever be enacted to restrict this liberty. There shall be freedom of speech and of the press forever . . . .". Once this clause is amended it will open the way for a series of other bills to become legal, including the restrictive Media Operators Bill, and an act to license newspaper traders, along with others that will dramatically change the way the legal system works.

For government to try to regulate the press, from a media practitioner's point of view will be an unbearable gag on the press, and will definitely tarnish the reputation of Tonga as a free country. Tonga will then be labelled as a suppressive country where you have to look-over your shoulder before you say anything, in fear that you may be breaking the law, perhaps like living under communism in the 1960s.

Undoubtedly, the proposed amendment to Clause 7, will shake the foundations of the Constitutional Monarchy that we have, because the fourth estate, the independent media, will be knocked out, while the judiciary will be reshaped.

The pillars of Tonga's Constitutional Monarchy form of government are namely: the King in Privy Council, the Legislative Assembly, and the judiciary. But the fourth pillar, also written into the Constitution, is freedom of speech and freedom of the press. This liberty of free speech completes the engine of government in Tonga's Constitutional Monarchy, so that Tongans may feel proud to say their country has been developing on a democratic foundation, since 1875. The protection of freedom of speech allows the free exchange of ideas, which may influence policy courses and help the system to develop further in the future.

At the moment the King appoints his ministers, while the Nobles and the People elect their representatives. Everyone is free to comment and to be critical on the working of government.

From a political perspective the proposed amendment to Clause 7 of the Constitution may be seen as an attempted Coup d'Etat, and it is the first step to destabilising and eventually destroying Tonga's Constitutional Monarchy form of government. Because once the fourth estate is knocked out, and the legal system changed, then the whole system of government will have to be changed to find a new balance. The changes to Clause 7 make the neutralisation of the media and the legal profession possible, so the new balance will not be a democratic one.

The question remains, why is the Tongan government introducing such a heavy-handed approach? The stated aim is to control the media, but in an age when information flows rapidly and freely across borders the government will not be able to control the media. Meanwhile, in a small country like Tonga the new internal restrictions on free speech will be devastating. If the changes to Clause 7 succeed in becoming law, Tonga the Friendly Islands will overnight become Tonga the suppressed and sad islands.