'Trial by the press' violates human rights

'Trial by the press' violates human rights

JAKARTA (JP): Biased reporting and trial by the press are
tantamount to a violation of human rights, a senior legal expert
said yesterday.

Dr. Loebby Loqman, in an oration marking his professorship at
the University of Indonesia, said that biased press exposure and
opinionated reporting also undermined the independence of the
judicial system as the only body authorized to determine whether
a person is innocent or otherwise.

"Trial by the press...is where reporting creates the
impression of 'judging' and is a violation of the principles of
justice," he said. "It violates human rights because it robs a
person of his right to self-defense."

"It's the authority of the legal system that should determine
whether a suspect is innocent or not and no other power,
including the press, must influence it," he said.

In a ceremony attended by senior officials and legal experts,
including Minister of Justice Oetojo Oesman, Loqman discussed the
age-old conflict between "press freedom" and "trial by the
press", the implementation of the principle of "innocence until
proven guilty" in press reporting, as well as the obstacles that
prevent what he called fair reporting.

Loqman pointed out that although the existing press' code of
ethics have incorporated the principle of "innocent until proven
guilty," many press publications in practice have adopted a
double standard.

He said that some media opt to publish only the initials of
criminal suspects, while other publications choose to protect the
suspects' identities only after their case is closed in court.
Prior to court hearings, however, some news publications freely
expose not only identities but also other information related to
the suspects, he said.

"When reporting cases that receive much public attention or
concern public figures, some media even publish pictures of the
suspects, on the ground that they are already widely known,"
Loqman said.

Quoting a number of other experts, Loqman said the media's
decision to run pictures of public figures suspected of
committing a crime is acceptable if done for the sake of public
interests.

"In certain cases, such as politically motivated crimes,
corruption or smuggling...the publication of the suspects'
identities may appease the public's anger," he said.

But by no means should the press forget that it must never try
cases through the media, he said. "Reporting which creates an
impression that the media is playing judge not only harms the
suspects, but also undermines the state administration system,"
he said.

For some, trial by the press can be classified as contempt of
court. As a result there will be no end to the discussion about
how the press sometimes abuses its freedom, almost to the point
of "trying" the suspect, Loqman said.

He reminded the press that its function, among other things,
is to educate the public. "How well the press meets this task
depends on many factors, including the journalists'
professionalism," he said. "Not every reporter knows for sure
what factors influence their readers' perception of a report."

The public's lack of knowledge on legal matters, such as the
difference between the legal status of the suspect and the
accused, make them susceptible to the press' opinion-shaping
reporting, Loqman said.

Confuse

He cited as an example the recent case of a businessman
suspected of forging export documents to obtain bank credit. The
press exposed the scandal in such a way that it confuses some
readers about the actual legal status of the suspect.

"It's probable that the public doesn't even know whether a
crime has really been committed," Loqman said, adding that the
journalists' poor knowledge about the legal system may also
contribute to the biased reporting.

Loqman said newspapers must be responsible. "We don't even
need to debate about whether or not the press should reveal a
suspect's identity," he said. "What's important is that the press
not judge."

Loqman suggested that a code of ethics for the press should
not only be based on a number of legal procedures, but also based
on "the conscience of those in the journalistic profession."

"The most fundamental principle is not the press's freedom as
such, but that there should be no attempt to use it as a means to
violate other people's rights," he concluded.

Born in Surabaya in 1935, Loqman lectures on a number of
subjects, including comparative criminal codes and the legal
aspects of mass media, medical and population development.

Married to Tiemu Loqman, he has six older children and he
obtained his doctorate degree in 1990 from the same university.
(swe)