Indonesia journalists facing jail
By David Brewer for CNN
(CNN) -- Three Indonesian journalists face imprisonment for writing and publishing an article that allegedly defamed a leading businessman.
In Indonesia, anyone charged with defamation is tried -- and can be subsequently punished -- as a criminal.
Amnesty International has intervened, saying that if Bambang Harymurti, the chief editor of Tempo magazine, is jailed he will be considered a prisoner of conscience.
Harymurti is not alone in the dock. The journalist who wrote the article, Ahmad Taufik, and the sub editor, Iskandar Ali, also face imprisonment of at least two years if found guilty.
The charge relates to the publication of an article, in March 2003, which alleged that Indonesian businessman, Tomy Winata, stood to profit from a fire that destroyed part of a textile market in Jakarta.
The story said the site was earmarked for a new shopping center that was to be built by an official of the Jakarta administration.
The Tempo article carried denials of any wrongdoing from Winata, but several lawsuits were subsequently filed as the businessman sought a public apology.
Winata says he does not want to see the journalists jailed, but is merely seeking to clear his name. Tempo maintains they covered both sides of the story fairly and refuses to back down. In the meantime, the prosecution has been calling for immediate imprisonment of the three.
On Monday September 6, the trial comes to court again and is being seen as an important test case by leading freedom of speech campaigners.
According to the International Federation of Journalists (IFJ), the issue is that Indonesian law considers defamation a criminal act rather than a civil act.
"Indonesia needs to recognize that it is completely inappropriate to send journalists to jail for defamation: defamation should be tried only in the civil, not criminal, jurisdiction," says IFJ President Christopher Warren.
Warren has written to the Indonesian president, Megawati Sukarnoputri, saying that Indonesia must act immediately to reform its "draconian defamation laws." The letter says defamation should be dealt with under the Indonesian Press Law, not under Indonesia's criminal code.
"The rise of repressive regimes in Indonesia have historically been heralded by a restriction of press freedom, including an over-zealous use of spurious legal avenues to lock up defenders of free speech. The journalists of the world are calling on your government to act in the interests of genuine freedom of the press in Indonesia and repeal these regressive laws," the letter says.
Amnesty: Media under threat
The IFJ is also calling for the crime of "insulting the president or vice-president" to be removed from the criminal code.
Amnesty International says greater media freedom has been one of the most positive recent developments in Indonesia and that the media is now able to report on a wide range of topics previously off-limits for fear of government recriminations.
Amnesty says that the passing, in 1999, of the Press Law no. 40/1999, represented a move away from the restrictive legislation that formerly governed the media. This was seen as a positive effort to protect the fundamental right to freedom of expression and opinion, and the public's right to know.
However, Amnesty says there has been a growing number of cases brought against media professionals which threaten to undermine these rights. According to Amnesty, defamation charges have also been brought against members of non-governmental organizations and others critical of the government and its human rights record.
Amnesty says the fear is that criminal sanctions and excessive fines could lead to much greater caution and self-censorship. The organization wants the Indonesian government to:
Drop all charges against Bambang Harymurti, Iskandar Ali, and Ahmad Taufik which relate purely to their peaceful and legitimate right to freedom of expression. Guarantee in practice the right of all citizens to peacefully exercise their right to freedom of expression and opinion without fear of intimidation or arrest. Repeal or amend legislation that restricts the peaceful exercise of the right to freedom of expression contrary to international law. Ensure that defamation charges are not used to restrict the peaceful exercise of the right to freedom of expression.Meanwhile, a late legal twist could lead to the hearing being delayed. The authorities are considering an approach from the three journalists, Harymurti, Ali, and Taufik, in which they claim that Winata committed perjury when giving evidence in court.
Their intervention revolves round a recording Tempo claims it has of Winata being interviewed by a Tempo journalist -- an interview that the businessman says never took place. Tempo has produced a recording along with evidence that the interview involved Winata and was conducted on his cell phone.
Whether that claim stands up in court or not, the issue of media freedom in Indonesia is one that supporters of free speech seem determined to pursue as they press the Indonesian government to change its defamation laws.
