SEAPA

SEAPA Alert: Indonesia's Constitution Court to decide on abolitionof imprisonment in insult, defamation laws14 August 2008Source: AJIIndonesia's Constitutional Court on August 15 will decide on apetition to abolish penal code provisions that criminalise insultand defamation.Filed by journalists Risang Bima Wijaya and Bersihar Lubis, thepetition calls for the abolition of Articles 310 (1), (2) and 311(1), which provide prison terms of nine months, 16 months and fouryears, respectively, for those found guilty of insult anddefamation. On the other hand, Articles 316 and 207 increase theterms by a third when the offence is committed against governmentofficers.The Legal Aid Centre for Press filed the application on behalf ofthe two journalists on 7 May this year, arguing that the firstthree provisions violate constitutional guarantees for freedom ofexpression and information, as found in Articles 28E (2), (3), 28F,and 28G of the Constitution, as well as Law No 39 Concerning HumanRights. The latter two also violate the principle of equalitybefore the law, which is guaranteed under Article 27 (1).The Alliance of Independent Journalists (AJI), a SEAPA member; thePress Council, Indonesian Journalists Association, and IndonesianTelevision Journalists Association are also supporting the petition.A legacy of the former Dutch colonialists, the provisions are nowbeing used to threaten critical journalists, media advocates noted,creating a climate of fear and self-censorship among journalists,to the detriment of the public interest.Risang, editor of the "Radar Yogya" daily, served six months inprison after he was found guilty of insulting "Kedaulatan Rakyat"newspaper director Sumadi M. Wonohito in a 2002. The articlealleged that Wonohito committed sexual harassment. Bersihar, a columnist with the "Koran Tempo" daily, received asuspended prison term of one month for his article which criticisedthe Attorney General's Office for banning a history textbook.----------------------------------------------The Allansi Jurnalis Independen (Alliance of IndependentJournalists or AJI) is a founding member of SEAPA. Based inJakarta, Indonesia, AJI seeks to promote press freedom and protectthe rights of Indonesian journalists.------------------------------------------------------------Southeast Asian Press Alliance. 538/1 Samsen Rd., Dusit, Bangkok 10300.Tel: 66-2-2435579, 66-2-2435373, Fax: 66-2-2448749To unsubscribe or change subscriber options visit:http://www.aweber.com/z/r/?LIwcjIyMtCxMzJzMDBxstEa0zOwMjIzM7A==