Persecution, not prosecution<\/p>\n
The spring of hope, and the winter of despair. These are the
\nmixed emotions that enunciate the prevailing paradox of our
\npresent society. On the eve of the high mark of our young
\ndemocracy, the Central Jakarta District Court yesterday sentenced
\nTempo chief editor Bambang Harymurti to one year in jail for
\nlibel against well-connected businessman Tomy Winata. The judge
\nruled that based on the Criminal Code, the magazine was guilty of
\ndefamation and inciting unrest through its article Is Tomy in
\nTenabang?<\/p>\n
If there is any silver lining to this event, it is that
\nBambang was not immediately incarcerated and two other Tempo
\njournalists in the case -- Ahmad Taufik and Teuku Iskandar Ali --
\nwere relieved of blame, as in the court's view, responsibility
\nfor the article was solely the chief editor's.<\/p>\n
The verdict is a blow to press freedom, a grim prelude for
\nfreedom of expression, and derisive toward the court's already
\nbattered reputation.<\/p>\n
We have nothing but contempt for the verdict. The case was so
\nblatantly one of reasonable doubt and contradiction that the
\ncourt should never have heard it in the first place. Witnesses
\nand lawyers for the defense have raised too many questions over
\nthe validity of the case -- so many points of contention that the
\nguilty verdict leaves us stunned.<\/p>\n
We can only conclude that it was a case of persecution -- not
\nprosecution -- against Tempo.<\/p>\n
The hope is that this latest tragedy is not an omen of things
\nto come, rather an anomaly in our basic right of freedom of
\nexpression. While we trust the higher courts will be more sober
\nin deliberating the eventual appeal, the success in criminally
\nprostrating one the biggest and most reputable news organizations
\nin the country speaks volumes on the dangers lurking for anyone
\nwho is engaged in the written word.<\/p>\n
What is at stake here is not simply the pride of a journalist
\nbut the maturity of our democracy. This system -- \"democracy\" --
\nwill only bloom if the general electorate has access to
\ninformation. Elections, one of the fundamental components of
\ndemocracy, are about making an informed choice. But, that will
\nonly happen if people are free to debate, to address the public,
\nto express their views -- both verbally and in writing.<\/p>\n
The chilling effect will be felt by all news organizations
\nperforming their public duty as the Fourth Estate, all
\njournalists exposing injustice and all opinion writers with a
\npoint of view.<\/p>\n
The press is not above the law. Freedom of expression does not
\npreclude legal prosecution. But, given the uniqueness of
\njournalism as a profession, it is beyond comprehension that
\njudges chose to allow the case to be tried using the Criminal
\nLaw. Appropriately, the 1999 Press Law would have been the most
\nsuitable basis for such a case. Even Chief Justice Bagir Manan
\nhas urged his fellow judges to apply the Press Law in such
\nproceedings.<\/p>\n
No human being is infallible, and neither are journalists or
\nnews organizations. Their profession is made all the more
\nprecarious as what they seek to print is often covert, or sought
\nunder strict deadline. Despite these pressures, journalists are
\nbound by a code of ethics that requires them to publish the best
\nobtainable version of the truth. In this day and age, it is as
\nimportant to write the truth about facts as it is to report the
\nfacts truthfully.<\/p>\n
We believe that while some may contend the facts of Tempo's
\nreport Is Tomy in Tenabang?, the weekly heeded journalistic
\nprinciples in writing the truth about the best obtainable facts
\nat hand.<\/p>\n
Journalism does not have the luxury of extended intellectual
\nmusings or the prolonged intensity of academic research. It can
\nnever tell the whole story in a single edition. It is a process
\nof layered fact-gathering that becomes prone to libel. But, the
\ngreat news stories of our time -- Watergate, the Abu Ghraib
\nprison scandal -- have shown that practical truth is protean and
\ndevelops piece by piece, like a great jigsaw puzzle.<\/p>\n
For these reasons, it is necessary that the Press Law be at
\nthe heart of legal proceedings on issues concerning the press.
\nThe criminalization of the press stems from a fascist mentality,
\nwhich only serves to stifle thought and perpetuate an autocracy.<\/p>",
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