Nuku’alofa – It’s a court order that will prompt any Facebook user to pause for thought.
A Tongatapu Facebook livestreamer has been ordered by the Magistrate Court to apologise, remove a defamatory live broadcast targeting a Cabinet Minister, and comply with behavioural conditions — including a requirement to refrain from similar offences for one year.
‘Asiata Māsima, 56, who was using his Facebook account, Fatafehi Lola, told a supporter of the Customs Minister Māteni Tapueluelu that it was unfortunate he had failed to respond to a question asking him to confront the Minister about drugs allegedly addressed to him from Fiji.
Māsima claimed he had repeatedly asked the Minister for an explanation but received no response.
According to court documents, seen by Kaniva News, the remarks caused distress to Tapueluelu.
In his testimony, Tapueluelu detailed the extensive damage the video caused to his multiple roles in the community.
He described the harm to his work as a government Minister, President of a club, Church Committee worker, Constituency Representative, and, profoundly, as a husband and father.
It is understood that the charges against Māsima were filed in July 2024, when Minister Tapueluelu was serving as a Member of Parliament and former Minister of Police.
He was reappointed as Minister of Customs in January this year.
A Courtroom Pause for Clarification
The case’s pivotal moment came when the defendant was given the chance to cross-examine Minister Tapueluelu.
It became immediately apparent to the court that Māsima did not grasp the legal basis for his charge or the court procedures.
Judge Penisimani Ma’u halted the cross-examination, re-read the summons, and took the extraordinary step of personally explaining the specific clause of the 2020 Electronic Communication Act under which Masima is being prosecuted.
Māsima initially maintained a not guilty plea during the hearing, but later changed his plea to guilty after the judge clarified the legal basis of the charge.
The judge explained that the law only required the court to establish that Māsima’s actions harmed the victim and damaged his reputation.
According to court documents, Māsima attempted to justify his allegations, but the judge ruled that proving the claims was not relevant under the law he was charged with.
The prosecution successfully applied for a protection order for the minister and set a bond for the defendant, underscoring the case’s seriousness.
