'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)