A proposal to amend Timor-Leste's media law has sparked strong criticism from journalists and activists who allege the move seeks to curtail press freedom and muzzle dissent in the tiny Catholic-majority nation.

The Secretariat of State for Social Communication recently proposed an amendment to the Social Communication Law, passed in 2014.

The law sought to regulate and promote freedom of expression, media independence, and journalistic professionalism. It established a media authority, the Press Council of Timor-Leste to supervise media conduct and ensure ethical standards.

However, the government has come under fire as the proposed amendment seeks to insert a new article (38-B) on "criminal responsibility" in media work. The provision states that the publication or transmission of texts or images that "offend legally protected interests" will be punishable, with responsibility falling on authors, editors, and media directors.

The Head of Advocacy at the Timor-Leste Journalists' Association (AJTL), Scos Vieira, said such a measure could only come from "people who fear criticism" and who "do not deserve to live in a democratic era, but under a dictatorship", likening it to Indonesia's Suharto regime.

Vieira warned that the term "legally protected interests" is vague and elastic, making it open to abuse.

"The government could use it to criminalize journalism that criticizes them," he said, adding that even in its draft form, the law poses "a serious threat to press freedom in Timor-Leste and to journalists," he added.

Roberto Pacheco, director of the Department of Social Communication at the National University of Timor-Leste shared similar concerns.

Speaking on Aug. 9, he warned that criminalizing journalists for publishing news, film footage, or photographs painting the government in a negative light would undermine democracy.

"If government members or others feel harmed by a report or image, they could use this article to prosecute journalists," Pacheco said. "This is dangerous for the democratic system we have built."

The Secretary of State for Social Communication, Expedito Dias Ximenes declined to respond to journalists' questions regarding the proposed amendment.

Media advocates say the focus should be on strengthening professional ethics, training, and independent regulation not punitive criminal measures.

"Democracy thrives when the press is free to scrutinize power," said Vieira. "If we replace that with fear, we are taking a step backwards."

In 2020, organizations including the Timor-Leste Journalists' Association (AJTL), independent watchdog La'o Hamutuk (Walking Together), the Timor-Leste Press Union (TLPU), and the International Federation of Journalists (IFJ) opposed a draft proposal to criminalize defamation, arguing it would undermine constitutional freedoms.

Protests, including from university students, forced the government to withdraw the draft.

During the 2022 Universal Periodic Review at the UN Human Rights Council, groups such as CIVICUS and Forum-Asia urged Timor-Leste to avoid laws that restrict freedom of expression, warning against reviving criminal defamation or restrictive cybercrime measures.

Critics argue that Article 38-B, as drafted, risks reversing progress on press freedom since independence by expanding the scope for criminal prosecution of journalists and urged lawmakers to align the law with international standards and ensure that legitimate public interest reporting is protected.

Timor-Leste is ranked 39th among 180 nations in Global Press Freedom Index by Paris-based Reporters Without Borders (RSF).

No journalist has ever been jailed in connection with their work in Timor Leste, but the 2014 media law is "a permanent threat" hanging over journalists and encourages self-censorship, RSF says.

Source: https://www.ucanews.com/news/proposed-amendment-to-timor-leste-media-law-sparks-alarm/10992