Jakarta – Journalists and media activists said on Thursday that the intelligence bill now under deliberation may threaten the freedom of press if the House of Representatives fails to revise articles on intelligence information and the National Intelligence Agency's (BIN) authority to arrest suspects and intercept communications.
"We have to make sure that all regulations in the bill are in line with all the principles of the freedom of press and the freedom of information," deputy director of the media research company the Science Aesthetics and Technology Foundation, Agus Sudibyo, told The Jakarta Post recently.
Speaking at Warung Daun restaurant in Cikini, Central Jakarta, journalists and activists charged the bill as being "too general in formulating the definition of intelligence information and lacking in providing an adequate breakdown of explanations".
Article 24 of the bill stipulated that intelligence information covered the state intelligence system, access to intelligence activities, intelligence data on criminals, plans for crime prevention and handling, intelligence documents related to national security and intelligence personnel.
The journalists and activists said they deplored the bill for not providing more detailed explanations. "This will be problematic for journalists because they have to deal with all kinds of information all the time," Agus said. "Without more detailed explanation, the intelligence agency may be able to arrest a journalist for unknowingly accessing and releasing information that the agency deemed a state secret."
Head of the Independent Journalists Alliance, Nezar Patria, said that an article in the bill that would grant the BIN authority to intercept communications without permission from the court might also harm the freedom of press.
"The agency can abuse this article to spy on reporters and intercept their interviews, including those that should be off-the-record or that involve confidential sources," Nezar said.
"We fully support the bill as long as it is used correctly in the interests of the state in the name of national security," Nezar said. "However, we demand that the law create an intelligence agency that is accountable and under control."
Kamsul Hasan from the Indonesian Journalists Association said that, while he fully rejected the intelligence agency's authority to make arrests, he approved the authority to intercept communications as long as it is done with permission from the court.
He added, however, that the bill should also regulate the establishment of a medium for the public to report any cases of unjustified communication interception. "A violation or abuse of wiretapping authority is equal to a violation of a citizen's right to privacy," Kamsul said. "A citizen should have a right to sue the agency should such incident occur."
Kamsul also said that there should be a specific monitoring body for the intelligence agency.
Nezar supported the ideas, saying that the intelligence law should be created with the idea of preventing the intelligence agency from operating beyond its authority.
"It should be built upon the very principles of democracy and human rights," he added. (mim)