The Hindu : National : Regional human rights court vital for press freedom, says Harymurti

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Regional human rights court vital for press freedom, says Harymurti

Ananth Krishnan

This is crucial to prevent “criminalisation” of press freedom in Asia

Bambang Harymurti

CHENNAI: A regional human rights court that would monitor the preservation of human rights across Asia and serve as the final authority in lawsuits against journalists in Asian countries would be crucial in preventing the “criminalisation” of press freedom in Asia: This is according to Bambang Harymurti, the president director of the PT Tempo Inti Media Group in Indonesia.

The Tempo group publishes a leading national daily, the Koran Tempo, from Jakarta, as well as the three decade-old weekly Tempo newsmagazine. Mr. Harymurti, in Chennai for the “Asian Century” seminar organised by the Australian High Commission, told The Hindu on Saturday that he has been seeking the support of India in initiating this pan-Asian enterprise.

“Asia and Australia are the only two continents that do not have a regional human rights court,” Mr. Harymurti said. “It is extremely important for press freedom. If you look at the European Court of Human Rights in Strasbourg, it is the last haven for journalists from threats to the freedom of the press.” The European Court of Human Rights monitors 47 European States for human rights violations – any member state, or even an individual, can file an application at the court on violations.

There have been several cases in Indonesia, where journalists have been prosecuted by courts under criminal law, as opposed to being charged under press laws as is often the procedure in Europe. “We consider this a serious warning to the freedom of the press,” Mr. Harymurti said.

“India too has a similar criminal libel problem for journalists. That is why such a regional court is so important.” Recently, on September 20, four journalists from the Mid-Day newspaper in Mumbai were sentenced by the Delhi High Court to four months in prison for allegedly defaming a former Chief Justice – the Supreme Court later stayed the sentence.

In Indonesia, Supreme Court judgments have given mixed signals to the journalist community, Mr. Harymurti said. The Supreme Court recently ordered Time magazine to pay a fine of $ 108 million, following a May 1999 article that accused former president Suharto of corruption – a judgment that angered the journalist fraternity in the region.

Mr. Harymurti was himself sentenced to a year in prison following a Tempo article that suggested links between an influential businessman, Tomy Winata, and a fire that destroyed a local textile market. The Supreme Court, in that case, acquitted the Tempo. The court recently also threw out a lawsuit brought against American magazine Playboy, as it had not been filed under the press law.

Mr. Harymurti said that a regional arbiter would prevent such inconsistencies. “We should not allow the criminalisation of press freedom, and a regional court will prevent that without having to change national laws. Press freedom is something we have to maintain and defend, and something we cannot take for granted.”

The regional initiative has already received significant support from Japan, Australia and New Zealand, Mr. Harymurti said, and pointed out he was expecting a “similar response” from India. “India can play a role by being a model for the rest of Asia. Authoritarian regimes propagate the myth that some countries cannot afford press freedom, as it is something that is reserved only for countries that are rich. India will help us break that myth.”

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