Desy Nurhayati, Jakarta – The press community has warned against the emergence of a new form of censorship as evident in a recent ruling between Koran Tempo and a paper company, a discussion heard Monday.
According to the discussion, threats to press freedom are becoming more intense despite the reforms. Not only does the state undermine press freedom through the laws they draft, but the courts are becoming stricter in enforcing censorship.
"In this reform era, the government has no right to intervene in the press as it did during the New Order regime. Therefore, a new style of bowdlerization is coming through the courts, with judges as the actors," said Eko Maryadi, head of the advocacy division at Alliance of Independent Journalists, in a discussion to mark the fifth anniversary of the Press Legal Aid Institute (LBH Pers).
He cited the South Jakarta District Court's ruling on the long-standing dispute between Koran Tempo and PT Riau Andalan Pulp and Paper (RAPP).
Earlier this month, the court found the daily guilty of defamation and failing to provide RAPP with its proper right to reply over three articles connecting the company and its owner, Sukanto Tanoto, to illegal logging in Riau.
The court ordered the daily to pay Rp 220.3 million (US$24,000) to RAPP and publish apologies to the company in 12 major national media, including newspapers and televisions, for seven consecutive days.
"Such a ruling may threaten the existence of Koran Tempo as a business entity as they have to spend billions of rupiah to publish apologies," Eko said.
He said the ruling went against the principles of journalism as it undermined the newspaper's move to reveal facts surrounding illegal logging in Riau.
Eko said threats against press freedom came from the government's legal products, such as the Broadcasting Law, Information and Electronic Transaction Law, Election Law, state secrecy bill and the Criminal Code procedures bill.
LBH Pers executive director Hendrayana said the number of lawsuits and violence against journalists had increased. In the past five years, the institute has dealt with 60 cases.
"It is important to revise the Criminal Code, especially the articles that are usually used to imprison journalists," he said. LBH Pers has filed a judicial review with the Constitutional Court to seek annulment of four articles in the Criminal Code that it argues contradict the Constitution. The review is currently on trial.
Science, Aesthetics and Technology Institute deputy director Agus Sudibyo said the advocacy strategy to uphold press freedom needed to be improved because threats could come from any party, not only state apparatus but also business players that were intimidated by press reports.
He suggested the Newspaper Publishers Union (SPS) play a greater role in facing threats against the press because they have the authority to do so.