Nivell Rayda – After several high-profile criminal defamation cases in 2009, analysts said on Friday that the House of Representatives must pass legislation to remove articles on defamation from the Criminal Code.

Hasril Hertanto, a legal expert at the University of Indonesia, told the Jakarta Globe that the current Criminal Code was based on the colonial Dutch code and had changed little over the years.

"Even in the Netherlands and other countries, defamation is no longer a criminal matter but a civil case between two parties," he said. "The existence of defamation charges in the Criminal Code poses a threat to freedom of speech and expression."

The House has said that plans are under way to amend the Criminal Code, to bring it into line with current legal thought.

Last year saw several high-profile defamation cases, including one that involved small businessman Khoe Seng Seng.

Khoe was given a six-month suspended sentence in July by the East Jakarta District Court for writing a letter to the editor that appeared in two national media outlets, complaining about his experiences with property developer PT Duta Pertiwi.

The past year, however, also saw some victories for free speech, with the acquittal of Prita Mulyasari on defamation charges stemming from an e-mail to friends complaining about the care she had received at a hospital.

"Prita was among the lucky ones because there was tremendous media coverage of her case and rising public pressure," Hasril said. "Not everyone is as fortunate as Prita, who had public sentiment behind her, so criminal defamation articles must be eliminated."

Usman Hamid, chairman of the Commission for Missing Persons and Victims of Violence (Kontras), said removing defamation articles from the Criminal Code was long overdue.

"A lot of people have fallen victim to the articles, including activists. Defamation is one of the most widely used tactics to silence critics of the government," he said. "Even countries like Ghana have eliminated criminal defamation articles to protect democracy."

Usman, who himself has repeatedly faced criminal defamation charges, said that at least 30 activists were reported to police for defamation over the last 12 months.

"This is the danger of criminal defamation. In other countries, you need a top-notch lawyer to sue someone for defamation," he said. "Here, all you have to do is ask the police to pursue the case and the rest is taken care of."

Hendrayana, chairman of the Press Legal Aid Foundation, said the articles on criminal defamation were subjective. "There are no exact definitions or boundaries as to what constitutes defamation, it all falls to the subjectivity of law enforcers," he said.

"We have seen in the past that an expert expressing his thoughts in the media can be charged with defamation, which makes it difficult for anyone to be critical of the government."

Hendrayana also said there was a growing trend for private companies and powerful individuals to take advantage of the criminal defamation articles. "This includes complaints against various media organizations."

Brad Adams, Asian director for Human Rights Watch, said that criminal defamation articles also exist in other laws, including the controversial Information Technology and Electronic Transaction Law.