Australian press freedom guaranteed by common laws<\/p>\n
JAKARTA (JP): \"How does the Australian government control the
\npress? Does it harness the media to keep its good relations with
\nIndonesia? How do Australians perceive press freedom?\"<\/p>\n
Such were questions hurled at David Flint, chairman of the
\nSydney-based Australian Press Council, who addressed a seminar at
\nthe Dr. Soetomo Journalism Institute yesterday.<\/p>\n
Flint, who is also Dean of the Faculty of Law at the
\nUniversity of Technology, Sydney, was discussing press freedom,
\npress law and responsibility in countries adopting common laws,
\nsuch as Australia, the United States and Britain.<\/p>\n
Indonesian lawyer Todung Mulya Lubis and chief editor of the
\nmass circulation Kompas newspaper, Jakob Oetama, were on hand to
\nprovide an Indonesian perspective.<\/p>\n
With the audience still worried by the Indonesian government's
\nbans against the Tempo, DeTIK and Editor news magazines, the
\nAustralian experience is particularly interesting.<\/p>\n
\"The Australian government cannot control the press,\" Flint
\nsaid.<\/p>\n
He argued the freedom of expression is an essential feature of
\na democratic society and is guaranteed by the constitution to
\nencourage discussion on public interests, inform the people on
\npublic issues and form the basis for a market economy.<\/p>\n
The press is highly valued as it also places checks and
\nbalances on power which otherwise tends to corrupt, he said.<\/p>\n
Press censorship in a democratic society like Australia is
\nloathed because the people believe that only an unimpeded press
\ncan reveal deceptions by the government, he said.<\/p>\n
But not all Western democracies guarantee freedom of
\nexpression in their constitutions. Britain and Australia are
\nexamples where the freedom was guaranteed by common laws.<\/p>\n
In commonwealth countries, no legislation exists to restrict
\nfreedom of the press.<\/p>\n
In Australia, Flint said the major hindrance to press freedom
\nis the defamation law which allows anyone to sue a journalist on
\ndefamation charges.<\/p>\n
A number of Australian journalists protecting confidential
\nsources which prove to be inaccurate have been jailed for
\ndefaming an individual or institution.<\/p>\n
The law, Flint pointed out, has restricted the press from more
\nfreely revealing corruption in the public sector. In this regard,
\nthe American press enjoys greater freedom as its defamation law
\ndoes not apply to public figures.<\/p>\n
By comparison, Jacob called press freedom a classic problem
\nthat was never resolved. \"The law on the freedom is there but
\neach concerned party has different interpretations and it is
\nessentially a political problem,\" he said.<\/p>\n
Mulya Lubis added that the Indonesian press was staggering
\nwith the government's demand for heavy responsibilities but
\nenjoyed little freedom.<\/p>\n
The government, he said, could go as far as closing down
\npublications without legal procedures. (pan)<\/p>",
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