Media: Pressing for their freedom

Amid political conflicts in Thailand, the media's role is becoming a topic of hot debate in the region. The media are struggling against the abuse of laws and powers, which silences the freedom of press in a democratic society.

Press freedom is a line in sand, said Bambang Harymurti, member of the Press Council, Indonesia. Harymurti recently met his media counterparts and law experts from various countries and places in the region, including East Timor, Cambodia, Malaysia, Philippines, Hong Kong, Australia and Thailand, at a conference on "Defamation: Building a Regional Advocacy Platform" held in Yogyakarta.

As abuse of defamation laws is considered a threat against freedom of press in this region, they discussed how to find a balance between freedom of the media, laws and rights of individuals and public interest.

Harymurti as the chief editor of Tempo Weekly Newsmagazine experienced this threat, too. The publication had been accused of defaming a powerful businessman and the editor was given a year's jail sentence by a lower court. The Indonesian Supreme Court later overturned the decision, stating that the press law should be applied in cases involving press matters. It was an important legal landmark for freedom of press in the country, Harymurti said. 

Secretary-general of National Union of Journalists of Philippines (NUJP) Rowena C Paraan said that in the Philippines, its presidents filed libel suits against journalists.

"Not just one, but two former presidents - Corazon Aquino and Joseph Estrada," she said, adding that media crew in the Philippines face many other kinds of threats, too. "Truth can set you free, but in the Philippines, reporting the truth can get you all kinds of threats," Rowena said.

The NUJP was established in the wake of the brutal murders of members of media, she said, adding that an average of two serious threats against journalists were reported every week.

Cambodian Um Sarin, president of Cambodian Association for the Protection of Journalists (CAPJ), spoke about the mixed situation of the press in his country. Though a jail term for defamation was abolished in May 2006, there is a law on "disinformation" to send journalists to jail, he said.

But on the other hand, media in Cambodia is often described as one of the freest in the region with no official censorship. But most media are closely controlled by, and have a bias for, one political party or the other Sarin said.

Fernanda Borges, who is law expert and Member National Parliament, said in East Timor, a consequence of the real and imminent threat from politicians to sue on the ground of defamation has made journalists fearful of writing stories that might lead to legal action in court.

However, some progress is that a media law that was formulated based on consultations with the civil society and advice from international media law experts is being drafted, said Borges, who chairs the Parliamentary Committee on the draft. 

"A balance needs to be found between scaring the media off and asking for responsibility from the media or journalists," she said.