Internet Service Providers Stand Against Government Plans to Block Facebook

The Regulator, Lematua Gisa Fuatai Purcell.

By Lagi Keresoma

APIA, SAMOA – 13 MAY 2021: The two major internet service providers Vodafone Samoa Ltd. and Digicel Samoa Ltd. are standing by their customers’ rights of communication against the Government’s plans to close the social media for two weeks until the elections are over.

The Caretaker Government decided against the idea yesterday.

In a combined letter to the Regulator dated 8 May 2021, the Vodafone Chief Executive Officer, Nofoasaefa Satish Kumar Sharma and Digicel Chairman/CEO, Pepe Christian Fruean voiced their concerns and stance on the issue.

Both were present with representatives of the other local Telco companies in a meeting called by the Special Task Force on Cyber Security last Friday, 7 May where Government’s intention was made known.

“The industries are extremely concerned about the implication of such a substantial directive on licensed networks and operators, the telecommunication and people of Samoa alike,” stated the letter.

The letter also referred to a “Draft Meeting Report” prepared by the Regulator, Lematua Gisa Fuatai Purcell which had a statement that “the life of a person cannot be measured in monetary terms or any other terms.”

Vodafone Samoa’s Chief Executive Officer, Nofoasaefa Satish Kumar Sharma.

The report further says “While the stakes are high, making the right decision in protecting the country and members of the public is the most important responsibility of everyone including the private and public organisations.”

Both CEO’s pointed to the impact of such actions not only on the rights of communication of customers but their businesses.

“With the greatest respect, we consider this statement to be likely to inflame what is already a very sensitive situation. This is because it seems to suggest the proposed blocking of social media would be undertaken whatever the cost and regardless of the requirements of the existing legal framework.”

They raised legal issues that needed to be addressed before a decision was made.

“We are also very concerned that, as any licensed network operators, implementing the proposed “block” may themselves face severe legal consequences if the terms of the proposed intervention are not properly defined and supported by a clear legal authority.”

They also noted that in the Draft Meeting Report, made reference to other countries such as New Zealand and Uganda who had blocked social media during elections.

“Those references appear to me incorrect and misleading,” the CEOS stated.

Digicel Chairman/CEO, Pepe Christian Fruean.

Both CEO’s also indicated that as licensed service providers, it is important to point out that they have a duty both to their businesses and customers, to ensure any actions they undertake are consistent with and bound by the law of Samoa.

“This is particularly important in this case where such a drastic and unprecedented action has been contemplated and the fundamental rights of our customers to communicate with each other will be adversely affected.”

No “on and off” switch to turn off social media platform
“There is no “On and Off” switch at any operator network to turn any social media platform on and off,” said Regulator Lematua Gisa Fuatai Purcell.

She said even if social media platforms are blocked, people can still use others to access Facebook.

“The Regulator is responsible and has a mandate for managing competition in the telecommunications industry, but is also responsible for consumers and therefore any decision on blocking social media platforms has to have a balance,” she told Talamua.

Asked to elaborate on “balance”, she said the Regulator has to consider several things such as:

• The needs of the people (consumers) using social media platforms to connect with parents and children overseas;
• Security of the nation by threats to kill;
• The technical expertise to carry out a total ban on social media platforms.

Caretaker Government follow advice against blocking social media
The Caretaker Prime Minister, Tuilaepa Sailele Malielegaoi told Radio Polynesia yesterday the decision not to block facebook and social media as intended.

“We decided not to close it as there are other ways to correct it,” he said.

As for the Government’s change of mind, he said “we rely on recommendations and advice before we make any decisions.”