88.1FM Faces License Threat Over Alleged Defamation of Prime Minister and Cabinet
NUKU‘ALOFA — The Tonga Communications Commission (CCT) issued a notification letter proposing revocation of Network Operator Licence and FM Radio Transmitter Licence to Takiama Companies Ltd on 10th August 2026. The action stems from an official complaint lodged by Vava‘u 16 Member of Parliament, Dr. Viliami Latu to CCT to revoke licence.
Dr. Latu alleges that the station defamed the Prime Minister and the Cabinet during its news broadcast on Wednesday, August 5, 2026. Following the complaint, CCT Chairman Rev. Samiuela Fonua formally notified the station, claiming it violated several sections of the Communications Act 2015—specifically Sections 22, 38(2), 38(a), 38(b), 38(c), 98, 99, 180 to 183—as well as Clause 7 of the Constitution of Tonga.
However, the CCT’s letter to 88.1FM failed to specify the exact statements or broadcast segments that allegedly breached the Defamation Act, the Communications Act, or the Constitution.
Under Section 2 of Tonga’s Defamation Act, defamation is defined as any spoken words, written text, publication, or visual representation that damages a person’s reputation or exposes them to hatred, ridicule, or contempt. The Act notes that repeating defamatory statements heard from someone else also constitutes an offense. Penalties vary by the target’s status: defaming the King or Queen carries a fine of up to $2,000 or up to 2.2 years in prison (Section 3), while defaming an untitled individual carries a fine of up to $1,000 or up to one year in prison (Section 5). Section 6 penalizes defaming the deceased with a fine of up to $500 or six months in prison if it incites hatred or breaches the peace. Crucially, Section 14 states that proving the absolute truth of the statement serves as a complete defense in civil cases.
Station Mounts Vigorous Defense
Under Communications Act, 88.1FM has a strict 10-working-day window to respond or face license revocation. The station confirmed it has already fulfilled this requirement in record time.
The complaint was received on August 10 at 4:30 PM, and management dispatched their formal response by midnight that same evening. Hard copies of the reply were delivered to the CCT Chairman the following morning, August 11, 2026.
Simultaneously, 88.1FM released a public press statement as response to the press release issued by the Prime Minister’s Office.
While 88.1FM remains ready to cooperate with any further regulatory inquiries, the station strongly questioned the independence of the radio. Management raised concerns over the political weaponization of regulatory bodies against independent media, pointing to Clause 7 of the Constitution, which guarantees freedom of speech and the press.
Station representatives emphasized that they cannot properly answer to a crime or statutory breach without knowing the specific words they are accused of broadcasting. They maintained that their daily broadcasts serve the public interest, providing vital news filtered through standard editorial scrutiny.
