New Code threatens media freedom

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)