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Indonesia is a bit different (from Asian countries like Sri Lanka) which have repealed defamation laws.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