* 4540 INDONESIA: Editorial - Trying the press
Quote: In a decision that will surely become a model for resolving future press disputes, the council found that four publications breached the Indonesian Journalist's Code of Ethics. State Minister for State Enterprises Laksamana Sukardi had accused the publications of libel and brought them before the council for adjudication.
* 4541 GLOBAL: European press councils update
Quote: Half the world independent press councils are located on the Old Continent and new ones keep appearing there. No hint of one, however, in such nations as France or Greece.
* 4542 TONGA: Comment - Free speech forever
Quote: It is nearly one year since November 2003 when Tongans lost their right to Freedom of Speech as a defence.

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Title -- 4540 INDONESIA: Editorial - Trying the press
Date -- 19 October 2004
Byline -- None
Origin -- Pacific Media Watch
Source -- The Jakarta Post, f...@igc.org 18/10/2004
Copyright -- JP
Status -- Unabridged

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Editorial: TRYING THE PRESS

* See item 4539

JAKARTA (Jakarta Post Online/Pacific Media Watch): In an example of prudence in the search for justice, Indonesia's underused Press Council issued on Friday a momentous decision that should reignite freedom of expression's dimming light.

In a decision that will surely become a model for resolving future press disputes, the council found that four publications breached the Indonesian Journalist's Code of Ethics. State Minister for State Enterprises Laksamana Sukardi had accused the publications of libel and brought them before the council for adjudication.

The four publications -- Trust magazine, Nusa daily, Reporter daily and Indopos daily -- were found to have violated the principle of presumption of innocence by suggesting that Laksamana had fled the country with more than US$100 million in state money.

In what is an affirmation of justice without vengeance, the council nevertheless rejected Laksama's demand that the publications pay him a total of Rp 200 billion (US$22 million) in damages. A further demand that the publications run public apologies in other national print and electronic media was also denied. Judging that the four publications had confounded facts and opinion, published unbalanced reports and failed to fact-check its information, the council said all four were in violation of the cardinal principle of presumption of innocence.

According to Council chairman Ichlasul Amal, all four must publish an apology, along with an unedited interview with Laksamana. Failure to comply with the council's decision could result in fines of up to Rp 500 million. A fifth publication, Rakyat Merdeka daily, was cleared of libel charges.

There will be those who feel hard done by. There will undoubtedly be differing interpretations of the council's decision. But we commend both the council and Laksamana for setting an example for all to follow. Press Law No. 40/1999 urges all media-related cases be resolved through the Press Council.

The council in this case did its job swiftly, resolving the case in less than two weeks. This is an illustration of how effective the Press Council can be compared to drawn out court proceedings. Those truly looking for fairness, not retribution, from the press should see this as an attractive means of addressing their concerns. The council should also be praised for refusing to criminalize errors in editorial judgment and handing down a punishment appropriate for the violation. A financial penalty in the hundreds of millions of rupiah would have all but bankrupted these publications, which was never the intent of the press law.

Most of all we must applaud Laksamana for taking this matter to the Press Council in the first place, and honorably accepting its judgment despite several of his demands not being granted. We hope the council's ruling will satisfy his sense of justice without needlessly going through the civil or, especially, criminal courts.

The publications involved are also certainly within their right to pursue whatever appeals process is available to them under the press law. However, having exhausted this process, we urge them to graciously accept the council's ruling.

The resolution of this case is in stark contrast to the mockery of the conviction and sentencing last month of Tempo magazine chief editor Bambang Harymurti by the Central Jakarta District Court, for publishing an article deemed libelous to businessman Tomy Winata. This episode only helps confirm to us that the Tempo case, no matter the merits of the plaintiff's case, was a matter of persecution of the press.

We do not believe the press is above the law. We, as journalists, should be held to the same degree of accountability as any other citizen and resident of this country. With freedom comes responsibility. In fact, given our unique role in relation to public trust, journalists should hold themselves to a greater degree of responsibility than the average person.

Nevertheless, we also hope that given the press' important role in the country, it be recognized that prosecution of the media is often only a pretext for political persecution. That is why there is an irrefutable need for the application of a specialist law to regulate the press, i.e. the 1999 Press Law.

We do not wish to glorify the press' role, but it is a given that the press is on the first line of defense for freedom of expression. It represents that thin red line that separates a vibrant, egalitarian society from the soft authoritarianism that continues to threaten our nascent democratic way of life.

+++niuswire

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Title -- 4541 GLOBAL: European press councils update
Date -- 19 October 2004
Byline -- None
Origin -- Pacific Media Watch
Source -- Independent Press Councils, via i...@presscouncils.org 19/10/2004
Copyright -- AIPCE
Status -- Unabridged

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EUROPEAN PRESS COUNCILS UPDATE
www.presscouncils.org

PARIS (Independent Press Councils Online/Pacific Media Watch): Half the world independent press councils are located on the Old Continent and new ones keep appearing there. No hint of one, however, in such nations as France or Greece.

Luxembourg now has a press council closer to the norm - statutory and with a strictly professional membership but with a mission no longer limited to dealing out ID cards to journalists. It will now take complaints.

In addition to the Grand Jury in Moscow, Russia now has two regional councils, one in Rostov-on-the-Don and one in Nijni-Novgorod. Others are being considered.

By the end of 2004, Bulgaria will have two genuine national councils, one for the press, the other for broadcasting - the media having not agreed on a common one.

Lastly, concluding long negotiations with the government on the reform of harsh libel laws, Irish media will soon have a Press Ombudsman and Press Council on the Swedish model. They will be "recognised in law" but strictly independent.

+++niuswire

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Title -- 4542 TONGA: Comment - Free speech forever
Date -- 19 October 2004
Byline -- None
Origin -- Pacific Media Watch
Source -- Matangi Tonga Online 15/10/2004
Copyright -- MTO
Status -- Unabridged

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Comment:
FREE SPEECH FOREVER
www.matangitonga.to/article/press/tongamedia/Comment151004.shtml

By Pesi Fonua

NUKU'ALOFA (Matangi Tonga Online/Pacific Media Watch):

'I disapprove of what you say, but I will defend to the death your right to say it.' - Voltaire

It is nearly one year since November 2003 when Tongans lost their right to Freedom of Speech as a defence.

After last year's Constitutional amendment, Tonga went back 128 years to the days when people were allowed to speak or to express an opinion only if it was in line with that of their superiors or chiefs. In those dark ages they would be clubbed to death for freely expressing their opinions.

You may think that trying to restore the Dark Ages in the Tonga of the 21st century, was definitely not worth the effort, given the growing popularity of mobile phones, wireless internet connections, international news, five 24-hour television channels, and an increasingly mobile population. But strange as it may seem, some people thought they could turn the clock back. They tried and, of course, they failed.

The desire by government to control the expression of people's opinions after 128 years of free-thinking was just incredible.

Government, apparently in a state of blind fury, last year amended Clause 7 of the Constitution and introduced two suppressive pieces of media legislation, for no good reason other than to "control the media and to raise the standard of journalism."

Neither of these objectives were achieved. What the legislation did do was to smear the fine reputation and image of the Kingdom of Tonga, as a progressive, educated and a forward-looking monarchy in the South Pacific. It was the worst thing that has ever happened in the history of our government.

But Chief Justice Webster saved the day with his historical decision. In summing up his decision on 8 October, he said "Å I found that both Acts were inconsistent with Clause 7 Å  and therefore void in terms of Clause 82 of the Constitution. I very much regret having to make such a finding in relation to legislation, which has had the approval of the Legislative Assembly, the Cabinet, the Privy Council and His Majesty the King, but it is the clear duty of this Court under the Constitution to do so and thus to uphold the Constitution."

Chief Justice Webster painted a vivid picture of the essence of Freedom of Expression when he quoted Voltaire: "I disapprove of what you say, but I will defend to the death your right to say it."

Copyright © Vava'u Press Ltd 2004

+++niuswire

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