New Code threatens media freedom

Eva C. Komandjaja, The Jakarta Post, Jakarta

The Press Council again called for the government to revise the controversial draft of the new Criminal Code, which allows for the criminal prosecution of journalists who violate the law in the course of their jobs.

Leo Batubara, a senior press figure, urged the Attorney General's Office (AGO) not to use the Criminal Code to prosecute journalists, saying this would threaten hard-gained press freedoms.

He was speaking to reporters following a meeting with Attorney General Abdul Rahman Saleh on Tuesday. He said he asked the attorney general to pass along the message to the President.

"President Susilo Bambang Yudhoyono's main program is to create good governance, including eliminating corruption in the country, and the press is needed to supervise and criticize the government.

"The new draft threatens press freedom and will eliminate the press' function as a voice of the public. Any journalist who violates the new draft could be jailed for up to seven years," Leo said.

He said the Press Council had proposed that journalists who committed libel be tried in civil rather than criminal cases, in addition to media companies facing the risk of bankruptcy.

"What is the use of our Press Law if the new Criminal Code will be used to put journalists behind bars?" Leo said, referring to Press Law No. 40/1999.

"Countries like India, Sri Lanka, Egypt and the Philippines have long eliminated laws that could threaten press freedom," he said.

He said the Press Council had attempted to meet with the drafters of the new Criminal Code, including the chairman of the draft committee, Muladi, but no one had responded to the invitations.

"We will keep trying to talk with them and we will also continue our struggle in the House of Representatives so that they will understand that the new code will hurt the press," Leo said.

Attorney General's Office spokesman R.J. Soehandojo said the attorney general agreed with the Press Council that journalists should not be prosecuted under the Criminal Code.

However, Soehandojo said the attorney general did not have the authority to prevent the bill from going to the House of Representatives.

A member of the team responsible for the new Criminal Code draft, which is now in the hands of the Cabinet Secretariat before being forwarded to the House of Representatives for deliberation, said they had no intention of restricting press freedom.

"It is not true that the draft Criminal Code will be more restrictive against the press than the current one," said Chairul Huda on Tuesday after a panel discussion on the issue.

The Alliance of Independent Journalists (AJI), in a press release, said if the bill passed press freedom would be threatened because at least 49 articles in the draft could land journalists in jail. These range from articles regarding the ban on the spread of communist doctrine to leaking state secrets and libel.

In marking World Press Freedom Day on Tuesday, the AJI urged the House of Representatives to remove all articles from the draft that could curb press freedom and limit public creativity. (004)