HOLDING PARLIAMENTARIANS FOR DELIBERATE LIES

by John VAREY

Port Moresby

National Capital District

The Parliament of Papua New Guinea, the hallowed chamber where the voice of over 8 million citizens should resonate with truth and integrity, has too often been marred by the blight of deliberate falsehoods. This erosion of trust strikes at the very heart of our democracy, demanding urgent and decisive action. It is imperative that we establish clear constitutional and legal mechanisms to prohibit and prosecute members of parliament who violate this sacred trust.

The Foundation of Trust: Constitutional Principles

The Constitution of the Independent State of Papua New Guinea lays the groundwork for ethical governance. While it may not explicitly detail every instance of prohibited speech, its underlying principles provide a strong foundation for accountability. Key elements include:

1. National Goals and Directive Principles:

• These principles emphasize integrity, justice, and the responsible exercise of power. Deliberate lies contradict these fundamental goals, undermining the very essence of our nation's aspirations.

2. Leadership Code:

• Although much of the organic law on the integrity of political parties and candidates, focuses on financial integrity, the spirit of the legislation calls for high ethical standards. Deliberate misleading statements, are a breach of that ethical standard.

3. Freedom of Speech vs. Responsible Speech:

• While freedom of speech is a cornerstone of democracy, it is not absolute. It must be exercised responsibly, with due regard for the truth and the public interest. Deliberate lies, intended to deceive, fall outside the bounds of responsible speech.

Legal Pathways to Accountability

To translate these constitutional principles into concrete action, we must explore and strengthen existing legal pathways, and consider the creation of new ones:

Parliamentary Standing Orders:

- The Parliament's own standing orders can be strengthened to include clear provisions against deliberate falsehoods. This could involve:

• Establishing a mechanism for investigating claims of false statements.

• Imposing sanctions, such as reprimands, suspensions, or even expulsion, for proven violations.

• Improving the transparency of parliamentary proceedings, to aid in verifying statements made.

Organic Law on the Integrity of Political Parties and Candidates:

• This law can be amended to explicitly include the making of deliberate false statements, as a breach of the integrity of a member of parliament.

Defamation Laws:

• And cases where false statements cause demonstrable harm to individuals or institutions, existing defamation laws may provide a legal avenue for redress.

Potential for New Legislation:

• Consideration could be given to enacting specific legislation that criminalizes the making of deliberate false statements in Parliament, when those statements are shown to have a serious detrimental effect on the public good. This would require careful drafting to ensure it does not infringe on legitimate freedom of speech.

The Imperative of Public Trust

The integrity of our Parliament is non-negotiable. When members of parliament deliberately mislead the public, they erode the very foundation of our democracy. Restoring and maintaining public trust requires:

• A commitment to transparency and accountability.

• A willingness to hold those who violate that trust accountable.

• A robust legal framework that safeguards the integrity of our parliamentary processes.

The people of Papua New Guinea deserve a Parliament where truth prevails, and where their elected representatives uphold the highest standards of ethical conduct. It is our collective responsibility to ensure that this sacred trust is never again betrayed.

Conclusion

The proposal to prohibit and prosecute Members of Parliament who tell deliberate lies on the floor of Parliament is a necessary step to restore public trust in the institution. It is important to note that this proposal is not about silencing dissent or limiting debate. It is about ensuring that the people of Papua New Guinea can have confidence that their elected representatives are telling the truth, and that those who deliberately mislead the public will be held accountable.