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