Jakarta – While promoting transparency, the public information bill poses a threat to the nation's hard-won press freedom as it contains articles which may criminalize some journalistic work.
The council's deputy chairman Sabam Leo Batubara said Thursday, that if enacted, the bill would discourage the media from exercising their freedom to report irregularities in public institutions. "Some articles in the bill violate freedom of information," Leo said.
Article 49 of the bill says that anyone who misuses public information on purpose will face a maximum sentence of two years in jail or a maximum Rp 30 million (approximately US$3,243) fine.
Article 54 of the bill threatens to jail anyone who accesses or spreads "certain" information classified as being outside of the public domain for a maximum of five years or to fine them a maximum Rp 75 million.
"The bill will keep journalists from disclosing wrongdoings in public institutions. The measurement to determine 'certain' information is misused and remains unclear," Leo said. "Naturally, nobody wants to risk being sent to jail. The bill will make journalists avoid negative reports."
The bill says journalists, instead of the media organizations they represent, are responsible for any misuse of non-public information and thus will have to face legal consequences. "We will push the lawmakers to remove the penalties from the bill, for the sake of press freedom," Leo said.
The draft law also mandates the formation of the Commission of Information, which should comprise representatives of both executive and legislative bodies, while its work will fall under government supervision. Leo said the Commission of Information should be independent of government intervention like the General Elections Commission or the Corruption Eradication Commission.
In the end, the bill would impede the press' functions to monitor, criticize and correct anything related to the greater public interest including press responsibility to defend truth and justice.
The House expects to pass the bill in March 2008 at the latest. If enacted, the bill will come into effect on Jan. 1, 2010. (rff)