Democracy depends on a free press

Democracy depends on a free press

Independent courts and a free press are fundamental to
democracy -- which makes yesterday's prison sentence handed down
to magazine editor Bambang Harymurti a serious setback for
Indonesia. The case involved the crusading news magazine Tempo,
which suggested that a well-connected business man would derive a
benefit when a market he had the right to renovate burnt down.
Friends of the entrepreneur were so affronted when the story
appeared that they stormed Tempo's offices. And the business man
launched a series of defamation actions.

Tempo is rare in the Indonesian media for having the stomach,
and pockets, to fund this sort of fight in the civil courts. But
in this instance the court cases were brought under criminal
laws, dating from the Dutch colonial period. The judgment sends a
signal that the taint of partisanship that bedevilled the courts
under the Suharto regime continues and that people who speak out
against the powerful are always at risk. The Indonesian press has
flourished since the end of the old regime and journalists
thought they were protected by a 1999 law that guarantees press
freedom as a "basic right of citizens". For as long as this
decision stands they will know they were wrong.

The good news is that very senior supporters of reform appear
unwilling to see the decision stand. On Tuesday, Supreme Court
Chief Justice Bagir Manan suggested that in future cases of this
kind judges should use the press law rather than criminal
statutes. There are also indications it will be overturned on
appeal. All friends of Indonesia should hope so. The country has
made remarkable progress in creating a functioning democracy.
Elections this year have been free and fair and there is every
reason to assume Monday's presidential run-off will be the same.
But without a free press reporting all the news that is fit to
print, and governed by the civil law, no democracy can ever last
long. -- The Australian, Sydney