Former Sāmoa PM facing criminal defamation charges

Sāmoa’s former prime minister and current opposition leader, Tuilaepa Sailele Malielegaoi, is expected to be formally charged with criminal defamation and electronic harassment this week, according to local media reports.

Sāmoan outlet Talamua Media reports that Acting Police Commissioner Leiataua Samuelu Afamasaga confirmed on Tuesday that four charges have been laid, with the possibility of more charges still under consideration.

The case comes after complaints from senior government officials, including Education Minister Aiono Alec Ekeroma, who said he filed a police complaint on 7 November 2025.

In a Facebook post, Aiono said Tuilaepa had published a video on social media, now deleted, accusing him of stealing drugs, pharmaceutical supplies, and imaging equipment from Tupua Tamasese Meaole Hospital for use at a private hospital.

Aiono denied the claims, describing them as false and damaging to his reputation as a cabinet minister.

He said the accusations had escalated over the past two years, moving from claims of conflicts of interest to allegations of theft.

Minister of Education, Aiono Alec Ekeroma, posted on his Facebook page at 5:37 pm, 21 January 2025. Photo/Facebook

“I have previously challenged the leader of the opposition - publicly - to produce evidence of wrongdoing to the Attorney General or police. No evidence has ever been produced,” Aiono wrote.

He added that police completed their investigation and had now acted to arrest and charge Tuilaepa.

The Samoa Observer reports the charges include two counts of defamation and two counts of electronic harassment.

(L-R) Minister of Education, Aiono Alec Ekeroma and Prime Minister, Laaulialemalietoa Leuatea Polataivao Schmidt are complainants in charges brought against former PM, Tuilaepa Sailele Malielegaoi. Photo/Facebook

It also reports that Prime Minister Laaulialemalietoa Leuatea Polataivao Schmidt has also joined the case as a complainant, relating to an alleged social media post made two years ago.

At a press conference on Tuesday, Tuilaepa said he was aware of the charges and confirmed he would attend a police station on Wednesday to be formally charged and to provide a statement.

The case has renewed attention on Sāmoa’s criminal defamation laws, which were reinstated in 2017 through an amendment to the Crimes Act.

The change was made while Tuilaepa was the prime minister and attracted criticism at the time.

Unlike New Zealand, which repealed criminal libel laws in 1993, Sāmoa still treats some forms of defamation as criminal offences instead of civil matters.

Under the law, a person can be charged if they publish false information with the intent to harm another person’s reputation.

Watch (Sāmoan) news coverage of the charges against Tuilaepa:

While the truth can be used as a defence, other common civil defences like opinion or public interest are not clearly set out in the criminal law.

At the press conference, Tuilaepa defended his comments and his decision to reinstate criminal defamation laws. “I have no regrets about reinstating criminal libel; breaking the law is breaking the law,” he said.

He also said he had previously spoken with Aiono about being careful of situations that could be seen as conflicts of interest before Aiono became a cabinet minister.

Aiono said the charges serve as a reminder that defamation is a criminal offence in Sāmoa and that making false accusations could carry serious consequences.

The Sāmoa Observer reports Tuilaepa is expected to make his first court appearance in February.

The former prime minister has not yet entered a plea, and the matter is now before the courts.