New Criminal Code could still threaten free press
New Criminal Code could still threaten free press
Hera Diani, The Jakarta Post, Jakarta
In what looks like a return to the New Order bullying of the
press, the government's draft of the new Criminal Code contains
numerous articles that could threaten press freedom.
The draft, which was completed last month and handed to the
President before it is debated by the House of Representatives,
contains no fewer than 49 articles that critics say endanger
press freedom.
The current Criminal Code, a legacy of the Dutch colonial
government, has been criticized for allowing the criminalization
of the press.
The draft of the new Criminal Code maintains harsh penalties
for journalists and those in the media business, including
Article 212 which spells out a 15-year jail sentence for the
dissemination of any information that undermines the state
ideology Pancasila.
In addition to jail terms, journalists could face fines of up
to Rp 3 billion (US$326,000) and a ban from all journalistic
activities.
Journalists would also face punishment for offending the
president and vice president, the heads of state of neighboring
countries and state bodies, races or groups, and religious
groups.
There have been several cases over the past two years of
members of the press facing criminal charges, with the most
prominent incident being the libel case brought businessman Tomy
Winata against Koran Tempo daily last year.
In 2003, the chief editor of Rakyat Merdeka daily, Karim
Paputungan, was sentenced to five months in jail for insulting
then House of Representatives speaker Akbar Tandjung. The daily's
executive editor, Supratman, was also jailed for six months for
defaming president Megawati Soekarnoputri. Both sentences were
suspended.
Under the new draft, members of the press could also be
charged with a crime for insulting dead people and provoking
people to rise up against a legitimate administration.
Some of the articles of the new draft allow for a great deal
of leeway in their interpretation.
Article 308, for example, calls for a fine of up to Rp 30
million ($3,300) or a one-year jail term for anyone spreading
"dubious, exaggerated or incomplete news" that could cause a
social disturbance.
Members of the press also could face criminal charges for
moral offenses, especially the publication of pornography,
although the definition of what constitutes pornography remains
vague.
The articles on pornography, for instance, ban the media from
publishing or screening films, writing, pictures and paintings
containing "certain sensual body parts of adults". This implies
pictures of scantily clad actors or runway models will no longer
be allowed.
These articles do not target only the press, but also
filmmakers, music composers, other artists and even Internet
bloggers.
Lawyer and press freedom advocate Hinca Panjaitan said these
49 articles in the draft of the new Criminal Code should not be
aimed at the media because the country already had the Press Law.
"Let the articles be, but add one more article saying that
these articles do not target the press.
"We will criticize the draft and ask the House of
Representatives not to approve it unless it is revised," said
Hinca, a member of the Press Council.