When arse-grass came to Livinton Hall
Peter Lewis, a teacher of great dedication

Help fight Malaysian logger's grubby tactics

KEITH JACKSON

Act Now slappd
Image by Reporters Without Borders (RCF)

 

NOOSA - In 2024, Act Now, one of Papua New Guinea’s few community-based advocacy organisations, was subjected to no less than three pernicious SLAPP lawsuits instigated by a Malaysian logging company.

SLAPPs (Strategic Litigation Against Public Participation) are used by politicians, public officials, big companies and wealthy individuals to intimidate and harass journalists, campaigners and human rights defenders.

The first two lawsuits failed to gain traction in the National Court but the third resulted in the arrest of Eddie Tanago, Act Now’s campaign manager and environmental advocate.

Some countries (including the USA, United Kingdom and the European Union) have moved to outlaw SLAPPs as an abuse of the legal system.  Lawyers who work with clients to use SLAPPs can face professional misconduct charges.

But no such protections exist in PNG, and the logging industry is now exploiting this tactic.

In February 2024, the Malaysian logging company issued legal proceedings against Act Now over a report published in November 2023.

The report highlighted the money laundering risks associated with the activities of the logging company and cited sources including the National and Supreme Court and a Commission of Inquiry that had raised concerns over the legality of the logging operations and land acquisitions.

Copies of the report were distributed by Act Now to banking regulators in PNG and Malaysia and to financial institutions identified as possibly lenders to the logging company.

The legal action alleged Act Now was not authorised under PNG’s anti-money laundering legislation to publicly raise concerns about money laundering risks or to contact financial institutions.

Act Now mounted a vigorous defence and the National Court rejected the logging company’s application for injunctions.

The company withdrew its lawsuit and agreed to pay Act Now’s legal costs.

However this was not the end of the matter.

A few months later the same logging company issued a new legal action against Act Now in the District court in West Sepik Province.

This time, before court papers were served on Act Now, the logging company obtained an injunction stopping Act Now from publishing new material about the company’s operations.

When Act Now applied to the court to have the injunction lifted, the magistrate refused.

Act Now appealed to the National Court which lifted the injunction.

Again this was not the end of the matter.

Six days later, at six in the morning, police arrived at Eddie’s home where he was arrested, taken to a local police station and charged with identity theft under the Cybercrime Code.

The ‘theft’ was sharing a Facebook post containing a picture of the managing director of the PNG Forest Authority.

Under the Cybercrime Code, identity theft carries a maximum penalty of 10 years imprisonment.

Eddie is currently on police bail awaiting trial.

This is a very worrying development for public debate in PNG, where corruption and poor governance mean the rule of law is routinely ignored.

Civil lawsuits against activists like Eddie risk undermining PNG’s already fragile democracy and move PNG towards becoming a police state.

While Act Now will continue to fight attempts to silence public debate on illegal logging, further financial resources are urgently needed.

If you are able to assist, as PNG Attitude has decided to do, please consider donating to Act Now here.

https://actnowpng.org/donate

Comments

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Philip Fitzpatrick

What is the name of the logging company, Keith?
______

I haven't asked my friend, Eddie, as he seems to be in enough trouble already, but I think you and I have been around long enough to work it out KJ

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