http://www.thejakartapost.com/detaileditorial.asp?fileid=20060811.F04&irec=3
Vigilance required to assure press freedom in Indonesia Andrew Thornley, Jakarta This week, the Alliance of Independent Journalists (AJI) is celebrating its 12th anniversary and announcing the winners of this year's Tasrif award. The award, named after Suardi Tasrif, a lawyer and journalist regarded as the father of the Indonesian journalistic code of ethics, is given to an individual, group or organization that has helped to ensure the public's right to information. This award, supported this year by United States Association of International Development (USAID), offers fitting praise for the important role that journalists and non-journalists can and do play in upholding rights to freedom of expression and access to information. But it also offers a reminder of the challenges facing Indonesia's media. A draft revision of the criminal code submitted by the government for debate in the House of Representatives continues to favor severe criminal sanctions for journalists accused of defamation. According to AJI, the government's draft contains 49 articles related to defamation and restrictions on freedom of expression. These articles, if passed, would run counter to the legal framework for freedom of expression, including Article 28 of the Constitution and Article 19 of the Universal Declaration of Human Rights. In democratic societies, close media scrutiny of the public sector is deemed to be in the public's interest, and the media are often described as the "fourth pillar of democracy" due to this critical function in checking and balancing state authority. Defamation, if placed within the criminal code, would be considered a criminal offense with punishments that could range from stiff fines, to loss of profession and jail time. However, Indonesia's Press Law (1999) permits correction, clarification and the right of reply. Such provisions prevent both criminal penalties that can cripple a media operation and self censorship by journalists fearing such consequences. Those in favor of criminalizing defamation for journalists often point to a lack of professionalism in the media. There is frequently justification for this charge. Who hasn't heard examples of journalists demanding money or favors in exchange for burying an unfavorable story or reporting an event? These represent serious challenges to the development of a robust and independent industry. But journalists themselves are taking bold steps to promote ethics within and weed out corruption. The Tolak Suap (reject cash payment) campaign, launched by AJI last month, is one example. A similar initiative from those who offer padded envelopes in return for column inches or favorable air time would be welcome. Additionally, a democratized broadcasting regime is significantly aided by an independent regulatory mechanism. The Indonesian Broadcasting Commission (KPI), established as a result of the 2002 Broadcasting Law to fulfill this role, has, in the words of its Vice Chairman, been "castrated" through a succession of recent government regulations curtailing its authority. These regulations sideline both the KPI and the law that established it, and raise the specter of a regulatory regime that serves the interests of the government, rather than the public. What can be done? The Supreme Court's decision in February 2006 to clear Tempo magazine Chief Editor Bambang Harymurti of all charges of criminal defamation and recommend the Press Law for charges of defamation against journalists is an important precedent. But this progress could be reversed by the passage of a new criminal code that restricts journalistic expression. For such an important piece of legislation, the House should solicit broad public opinion and input to complement internal parliamentary debate. Civil society organizations -- and media advocacy groups in particular -- can be supported to widen this discussion and maintain the flow of public information about this process. The Supreme Court will review the government's broadcasting regulations following submissions for judicial review by both the KPI and a coalition of non-governmental organizations. The creation this past February in the DPR of a Broadcasting Caucus that cuts across party lines in defense of the KPI is a welcome development deserving public attention and support. Civil society organizations, such as AJI and prominent film director Garin Nugroho's Yayasan SET, should be strongly encouraged in their creative efforts to engage DPR and government colleagues on these issues. The appetite for media consumption in Indonesia is enormous and growing, with over 1,000 radio stations and 800 print publications currently in circulation, not to mention the impact of television. But the memory and legacy of Suardi Tasrif helps us to remember what is required for this industry not only to survive but to thrive: Recognition of the special demands and benefits of a free press, and a resolute defense against reversion to state-controlled media. The writer is Program Director for the USAID Democratic Reform Support Program (DRSP). He can be contacted at [EMAIL PROTECTED] These are his personal views. [Non-text portions of this message have been removed] *************************************************************************** Berdikusi dg Santun & Elegan, dg Semangat Persahabatan. 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