The High Court has ruled that a woman may file a Writ of Summons to contest whether the police exceeded their authority in charging her with making anti-vaccination statements on Facebook. Nanise Vucago was charged on July 3, 2021, with five counts of malicious acts under section 15(a) of the Public Order Act 1969 after she informed Fijians in a video about their right to decline vaccination.
Justice David Tuiqereqere, in his ruling, noted, “Indeed, there are a number of laws that place restrictions on a person’s right to free speech,” citing defamation laws as an example. He also referred to the Public Order Act 1969, which imposes restrictions against using language that could cause public disturbance or spread false information intended to incite public alarm.
The central question, according to Justice Tuiqereqere, is not whether the police violated Ms. Vucago’s right to free speech, but rather whether they acted beyond their legal authority when charging her. He concluded that Ms. Vucago’s complaint is more appropriately pursued through a Writ of Summons outlining her claims.