Trying the press<\/p>\n
In an example of prudence in the search for justice, the
\nunderused Press Council issued on Friday a momentous decision
\nthat should reignite freedom of expression's dimming light.<\/p>\n
In a decision that will surely become a model for resolving
\nfuture press disputes, the council found that four publications
\nbreached the Indonesian Journalist's Code of Ethics. State
\nMinister for State Enterprises Laksamana Sukardi had accused the
\npublications of libel and brought them before the council for
\nadjudication.<\/p>\n
The four publications -- Trust magazine, Nusa daily,
\nReporter daily and Indopos daily -- were found to have violated
\nthe principle of presumption of innocence by suggesting that
\nLaksamana had fled the country with more than US$100 million in
\nstate money.<\/p>\n
In what is an affirmation of justice without vengeance, the
\ncouncil nevertheless rejected Laksama's demand that the
\npublications pay him a total of Rp 200 billion (US$22 million) in
\ndamages. A further demand that the publications run public
\napologies in other national print and electronic media was also
\ndenied.<\/p>\n
Judging that the four publications had confounded facts and
\nopinion, published unbalanced reports and failed to fact-check
\nits information, the council said all four were in violation of
\nthe cardinal principle of presumption of innocence.<\/p>\n
According to Council chairman Ichlasul Amal, all four must
\npublish an apology, along with an unedited interview with
\nLaksamana. Failure to comply with the council's decision could
\nresult in fines of up to Rp 500 million. A fifth publication,
\nRakyat Merdeka daily, was cleared of libel charges.<\/p>\n
There will be those who feel hard done by. There will
\nundoubtedly be differing interpretations of the council's
\ndecision. But we commend both the council and Laksamana for
\nsetting an example for all to follow. Press Law No. 40\/1999 urges
\nall media-related cases be resolved through the Press Council.<\/p>\n
The council in this case did its job swiftly, resolving the
\ncase in less than two weeks. This is an illustration of how
\neffective the Press Council can be compared to drawn out court
\nproceedings. Those truly looking for fairness, not retribution,
\nfrom the press should see this as an attractive means of
\naddressing their concerns.<\/p>\n
The council should also be praised for refusing to criminalize
\nerrors in editorial judgment and handing down a punishment
\nappropriate for the violation. A financial penalty in the
\nhundreds of millions of rupiah would have all but bankrupted
\nthese publications, which was never the intent of the press law.<\/p>\n
Most of all we must applaud Laksamana for taking this matter
\nto the Press Council in the first place, and honorably accepting
\nits judgment despite several of his demands not being granted. We
\nhope the council's ruling will satisfy his sense of justice
\nwithout needlessly going through the civil or, especially,
\ncriminal courts.<\/p>\n
The publications involved are also certainly within their
\nright to pursue whatever appeals process is available to them
\nunder the press law. However, having exhausted this process, we
\nurge them to graciously accept the council's ruling.<\/p>\n
The resolution of this case is in stark contrast to the
\nmockery of the conviction and sentencing last month of Tempo
\nmagazine chief editor Bambang Harymurti by the Central Jakarta
\nDistrict Court, for publishing an article deemed libelous to
\nbusinessman Tomy Winata. This episode only helps confirm to us
\nthat the Tempo case, no matter the merits of the plaintiff's
\ncase, was a matter of persecution of the press.<\/p>\n
We do not believe the press is above the law. We, as
\njournalists, should be held to the same degree of accountability
\nas any other citizen and resident of this country. With freedom
\ncomes responsibility. In fact, given our unique role in relation
\nto public trust, journalists should hold themselves to a greater
\ndegree of responsibility than the average person.<\/p>\n
Nevertheless, we also hope that given the press' important
\nrole in the country, it be recognized that prosecution of the
\nmedia is often only a pretext for political persecution. That is
\nwhy there is an irrefutable need for the application of a
\nspecialist law to regulate the press, i.e. the 1999 Press Law.<\/p>\n
We do not wish to glorify the press' role, but it is a given
\nthat the press is on the first line of defense for freedom of
\nexpression. It represents that thin red line that separates a
\nvibrant, egalitarian society from the soft authoritarianism that
\ncontinues to threaten our nascent democratic way of life.<\/p>",
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