Ethics and morality

The publication of dozens of new magazines which border on pornography is testing society's tolerance. Unfortunately though not unexpectedly, the debate on whether such magazines are violating people's sense of propriety touches on the question of freedom of the press and whether that freedom has been abused.

Press freedom, a small but crucial part of that universally accepted people's right to freedom of expression, was instrumental in bringing down the authoritarian regime of president Soeharto last year. So long as it remains free, the press will continue to play its role in promoting democracy and in preventing the emergence of new tyrants in the future. In this regard, press freedom is not up for negotiation, lest we allow new Soehartos to take control of our lives once again.

This is not to say that pornography, with all its negative excesses, is the price society must pay for having a free press. Pornography, often packaged and sold in the form of "artistic expression", always rides on the back of press freedom. Many societies with a liberal press deal with pornography through the law. Admittedly, some of them are more tolerant than others, but they are dealt with and debated in courts nevertheless, without depriving people of the benefits of a free press.

Indonesia should follow the same course. The limits of tolerance in our society are bound to be low given that people's lives are still mostly guided by strict religious teachings. The concerns expressed by many religious leaders and parents about the emergence of these new lurid magazines are valid. But they should be addressed through the legal system, in courtrooms, without having to sacrifice press freedom. It is in the hands of the law enforcement agencies, and particularly the courts, on how this problem is resolved.

The police appeared to respond to society's concerns when they called actress-model Sophia Latjuba in for questioning last week over the publication of her semi-nude pictures in Popular magazine. This approach looked rather odd though. They could have called in the magazine's publisher first, or the publishers of other magazines or tabloids that have a more distasteful content. Nevertheless, last week's questioning of Sophia could mark the beginning of an official war against the growth of the smut industry in this country.

The law on pornography is already in existence for the police to build cases on. Undoubtedly, many of the cases that will come before the courts will be over material that falls into a gray area, and defense lawyers will argue that the material in question falls into the category of "artistic expression" and not pornography. Under such circumstances, it will be up to judges to interpret what constitutes pornography. When interpretations are necessary, judges would be well advised to heed society's values.

Society's ethics and morality ultimately are also what restrain the press from going overboard in using its freedom. Some will succumb to commercial pressure or the temptation to push the line further. But for the majority of the responsible press, the limit on what is publishable and what is not is its own sense of propriety. Since the press is a part of the society it serves, it has to be guided by the ethics and moral values of that society.