SE Asia's press progressing against all odds

SE Asia's press progressing against all odds

Among the many observers who attended Monday's hearing of the
libel case against Tempo magazine was Steven Gan, founder and
editor-in-chief of the online news agency Malaysiakini.com.,
known as an icon of Malaysians' struggle for free speech. The
Jakarta Post's Ati Nurbaiti spoke with Gan on current issues of
free press in the region.

Question: With the court cases against media in Indonesia and
Thailand, the recent murder of journalists in the Philippines,
but also talk of budding changes to provide more free speech in
Malaysia, how do you see this so-called "transition period" of
countries in Southeast Asia?
Answer: We're indeed still in a transition phase -- during which
people have been fighting for press freedom, and the parties that
have something to lose from this freedom are fighting back. Such
parties are learning from countries like Malaysia and Singapore
-- such as through civil suits demanding large compensation for
damages from libel -- and other methods to suppress free speech.

Like in Thailand, where the constitution guarantees a free
press, one can still file civil suits. [The ongoing case is a
lawsuit filed by telecommunications company Shin Corporation,
partly owned by relatives of Prime Minister Thaksin Shinawatra,
against Thai Post daily.]

Indonesia is a bit different (from Asian countries like Sri
Lanka) which have repealed defamation laws.

But it's of concern to us in the media to continue to ensure
that there is a need for free speech, but that will take time,
given the powers that be -- not only politicians and the state
but also big business.

Wouldn't businesses gain from a free press in terms of fair
competition?

Yes, some businesses, mainly those that are not part of the
crony system, would indeed be happier, especially those that are
not engaged in corruption.

Today, the courtroom was packed with people from different
social groups; would that happen in your country?

I was very impressed with the show of force today -- it shows
that press freedom is not only the concern of the press. In
Malaysia, we can't organize those kind of demonstrations (which
occurred outside the court building) yet, but the interest for a
free press is there.

And like here, international observers and investors also want
to see continued reform ...

How long do you think this "transition" in the region will
last, with all the ups and downs in the efforts to achieve free
speech?

I'm very positive about this. We're moving forward but there
will be setbacks. In the long run, governments in the region will
realize they cannot move forward without a free press,
(particularly) with more integration among countries.

Journalists being killed, like in the Philippines, indeed show
such setbacks, a reaction from certain people who have nothing to
gain from a free press. [The latest killing was of a radio
broadcaster following remarks he made on the illicit drug
business.]

Some in Asia also cite "Asian values", which is taken to mean
that you cannot be too critical of other countries or that the
media cannot be too critical of its government.

That is slowly changing, like in the case of Burma (Myanmar).
There has been pressure for more freedom and some reaction from
governments (in Southeast Asia). Continued pressure from both
international organizations and the people of those countries
will eventually influence these governments.

But in regards to bad press among media groups, we need to
ensure better journalism and to ensure that (those responsible
for bad journalism) are punished.

A few journalists from Malaysia and Singapore have said that
there is not much demand for a free press, for investigative
journalism, in their countries, so why risk your job?

You've been talking to the wrong journalists. Look at the case
of Anwar Ibrahim -- those who don't support him said people don't
care and the court had clearly declared him guilty. But there was
interest ... Malaysiakini.com was leading in coverage on the
case. Eventually, (the Federal Court) had to correct that
decision, although it took four or five years.

Whether there is interest or not, journalists should practice
journalism the way it should be -- we must continue to strive to
report the truth.

Nowadays, there is the big threat of bankruptcy: Defamation
suits in which an enormous sum is demanded for damages can be a
killer blow to press freedom, it can be even worse than sending
someone to jail. The courts would really have to take into
account the effect of astronomically high sums on press freedom,
on the public's right to information (in reaching the verdict).

The chilling effect we see is self-censorship in the media.

Would more media institutions in Malaysia test the waters now,
given that a sign of change may be seen with Anwar's release?

For Malaysian media, the problem is not just a matter of
losing your license, but ownership tied to major ruling parties
such as the UMNO (United Malay National Organization) and the MCA
(Malay Chinese Association), so you still have to toe the party
line.

We've been applying for a license to be a newspaper, as this
would have more impact than being online, though we're not
worried about readership (which stands at 50,000).

The reasons for not giving us a print license are unclear --
an official said only that Malaysiakini already had a medium.
So are people in Malaysia happy with Anwar's release?

Given the reception that he had when the charge (on sodomy)
against him was overturned and especially when he left for Munich
(for surgery) at the airport there were about 5,000 supporters,
yes, quite a substantial number of people welcomed his release.
And many bought up the newspapers, showing that people were still
interested in what was happening to him. Generally the newspaper
commentaries welcomed the release and most of the writers said
this will cause a bizarre chapter in Malaysian politics.
Do you see signs of more freedom now in Malaysia?

It's still too early to say whether this would lead to more
democratization, but this is a very positive development and this
will be hopefully a first step by the judiciary to redeem its
tarnished image ... I hope if Anwar returns to politics, he might
play a role (in the opposition) to put pressure on the government
to continue the road to further reform ... such as in bringing
about a free media through the repealing of laws like the
Internal Security Act.
Is there demand of more freedom?
The demand is there. If you look at the reformasi movement when
Anwar was arrested, there were calls against corruption and abuse
of power, rule of law ... the movement petered out because of the
harsh crack down under (former prime minister) Mahathir Mohamad.
Are changes possible under his successor, Abdullah Ahmad Badawi?
Badawi is moving too slowly ... it is important for alternative
media, civil society and those in politics to put pressure on
him, to ensure he will deliver what he promised.