Papua New Guinea NGO Act Now received three SLAPPs in 2024

Each one was more ridiculous than the last.

Act Now is a community-based campaign organisation in Papua New Guinea. It campaigns for a “gutpela sindaun blong olgeta” or a just and equitable society. In 2024, Act Now became the first NGO in Papua New Guinea to receive a SLAPP lawsuit (Strategic Lawsuit Against Public Participation).

SLAPPs are aimed at blocking accountability and suppressing criticism by threatening journalists, campaigners, and human rights defenders with time-consuming and potential expensive lawsuits.

REDD-Monitor has received a few threats of legal action over the years — all of which fall into the category of SLAPPs. For example, in 2021, REDD-Monitor received a letter from a London-based law firm threatening to sue me for defamation. Obviously, it was quite stressful. I’m delighted to say the lawsuit went nowhere.

You can read about it here:

Act Now received not one but three SLAPPs last year. This is a clear attempt to silence public debate on illegal logging in Papua New Guinea. In November 2024, at a public seminar in Port Moresby, civil society groups demanded government action to address illegal logging and the widespread abuse of Forest Clearing Authorities.

Evelyn Katu Wohuinangu, a lawyer with the Centre for Environmental Law and Community Rights, said,

“FCA permits issued under the Forestry Act are a vehicle being used to facilitate massive clear-felling of large tracts of tropical hardwood timber species by foreign owned logging companies. Allegations of routine ignorance of our forestry laws and the lack of free prior informed consent by forest communities has become a major concern.”

SLAPP number one

In November 2023, Act Now published a report titled, “Ting Chiong Ming, the Giant Kingdom Group and its Logging Operations in Papua New Guinea”. The report found that there is a “high risk” that Giant Kingdom Group companies are involved in illegal logging, land grabbing, and human rights abuses. The report also found that the Group had opaque offshore structures and was subject to negative findings in a Commission of Inquiry, negative court judgements, and an unfavourable audit finding.

Act Now sent copies of the report to banking regulators in PNG and Malaysia and to financial institutions. Before publication, Act Now sent a copy of the report for comment to Giant Kingdom Group and the conglomerate’s owner Ting Chiong Ming, but they did not reply.

In February 2024, Global Elite Limited, a Giant Kingdom Group company, and Ting Chiong Ming issued legal proceedings against Act Now and Kristian Lasslett, a Professor of Criminology at Ulster University, who assisted with the report.

Act Now explains that,

The summons alleged neither party was authorized under PNG anti-money laundering legislation to publicly raise money laundering concerns or report these concerns to financial institutions. Injunctions were sought which would have stopped Act Now from making public or private comment relating to the Giant Kingdom Group and the money laundering risks associated with its PNG forestry operations.

In March 2024, the PNG National Court rejected Giant Kingdom Group’s application for injunctions. Act Now issued its own application to have the legal proceeding dismissed as an abuse of process. Giant Kingdom Group withdrew its lawsuit and agreed to pay Act Now’s legal costs.

SLAPP number two

In July 2024, Global Elite Limited and Wewak Agriculture Development Limited, both part of Giant Kingdom Group, issued a new legal action against Act Now in the District Court in West Sepik province.

Before court papers were served on Act Now, the company obtained an injunction preventing Act Now from publishing any new information about Giant Kingdom Group’s logging operation. The injunction also prevented Act Now from contacting any of the company’s customers or service providers.

Act Now applied to the court to have the injunction lifted. Act Now referred to the ruling of the National Court, but the magistrate refused to lift the injunction.

Act Now subsequently appealed to the National Court and on 5 December 2024, the Court issued a stay order on the District Court proceedings. This order effectively lifted the injunction.

SLAPP number three

Less than one week after the National Court issued the stay order, police arrested Eddie Tanago, Act Now’s Campaign Manager.

Tanago was arrested at his home at 6 am. He was taken to a local police station and charged with defamatory publication under PNG’s Cybercrime Act, which carries a maximum prison term of 15 years.

Act Now had shared a Facebook post advertising a local radio programme featuring John Mosoro, managing director of PNG Forest Authority. The post included a photograph of Mosoro, which was allegedly shared without his consent.

Here’s a screenshot of the Facebook post :

Action Aid, Greenpeace, Friends of the Earth Australia, Uniting Church in Australia, and Jubilee Australia Research Centre are calling for charges against Tanago to be dropped.

Shona Hawkes is director of land and inclusive development at Jubilee Australia. She told ABC that,

It’s really hard to understand the legal basis for why charges were filed, and it appears to be a really big overreach. Our understanding is that the case relates to the sharing of a single Facebook post. It’s difficult to see how this could be viewed as defamation.

John Mosoro, PNG Forest Authority’s managing director, says he’s addressing illegal logging through a moratorium on Forest Clearing Authorities (FCAs). He gave a statement to ABC explaining that,

I want to get down to the bottom of illegal logging activities in the forestry sector and stop FCAs in the country. But Act Now does not appreciate what I am doing to reform forestry. Therefore I strongly condemn Act Now PNG’s actions. Without consulting PNG FA publications of the articles with my face or photograph on it, Act Now campaigns manager is making a mockery of me as a department head. So let him appear in court and justify his actions or his facts.

Mosoro also asked international NGOs to “shut up and apologise” (which is something of an oxymoron):

I call on Act Now PNG and any international NGOs that you cannot feed the resource or land owners with any financial support. Therefore, shut up and apologise to me before I make my decision.

On 20 January 2024, Act Now’s Eddie Tanago appeared in court in Port Moresby. This time charges against Tanago were not defamation, but identify theft. Under PNG’s Cybercrime Act, identity theft carries a maximum sentence of 10 years in jail.

Act Now told ABC that it is “seeking clarification” on the charges.

Act Now is accepting donations to support its legal defence and says that “Any contribution, however large or small, will make a real difference so please do consider donating.”