Empty Promises-seapa_state2009

8/14/2019 Empty Promises-seapa_state2009

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PRESS FREEDOM IN SOUTHEAST ASIA 2009

Southeast Asian Press Alliance


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PRESS FREEDOM IN SOUTHEAST ASIA 2009

Southeast Asian Press AllianceUnit 3B, Thakolsuk Place, #115 Tetdumri Road

Dusit, Bangkok 10300 Thailand

Tel. (662)2435579 | Fax (662)2448749www.seapa.org | email: [email protected]

January 2009

On the cover:

On September 23, 2008, after 19 years in prison, Burmese

journalist U Win Tin was released by Burmas military junta.

Upon returning to his Yangon home, however, he refused to

take o his prison uniform. He may no longer be behind bars,he explained, but he and the rest of the Burmese press

remains shackled.


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The months ahead will hold much peril and uncertainty for members of the

press in Southeast Asia.

The years 2009 and 2010 will be highly charged, for starters, anticipatingnational election seasons for most countries in the region. Even without the chaosand violence attendant to electoral exercises in countries like Indonesia, thePhilippines, Cambodia, Thailand, and Burma, the unpredictability of the contestsand the inevitability of uncertainty will give the regions journalists not onlycompelling stories and issues to follow, but also dangerous times and situationsto navigate.

The coming months will also be a crucial period for ASEAN itselfin particularwith respect to how the regional body proves and demonstrates the value of a newcharter that came into force in December 2008.

Beyond rules of membership and the vision for forming an ASEAN Communityby 2015, the ASEAN Charter arms that among others, one of the Associations

purposes is to strengthen democracy, enhance good governance and the rule oflaw, and to promote and protect human rights and fundamental freedoms... TheCharters outline of Principles emphasizes the need for adherence to the rule of law,good governance, the principles of democracy and constitutional government aswell as for the communitys respect for fundamental freedoms, the promotionand protection of human rights, and the promotion of social justice.

Article 14 of the ASEAN Charter goes as far as to commit that ASEAN shallestablish an ASEAN human rights body.

The mechanisms of such a body, however, have yet to be spelt out andnalized. Indeed, analysts and critics of the Charter stress that the stated principlesand purposes relating to human rights and democracy must be weighed againstASEANs historical emphasis on non-interference and on its tradition of movingby consensus.

32

The regions press, meanwhile, must note for itself: press freedom is noteven mentioned in the Charter, nor, for that matter, free expression.

How it all plays out for press freedom, therefore, is uncertain.To be sure, 2008 saw a lot of promise for change on this front. Or promises,

at least. Singapore promised to relax its Films Act. Laos introduced a new medialaw that promised to allow more private sector participation in its state-dominatedmedia landscape. East Timor promised to decriminalize defamation. The PhilippineSupreme Court didnt quite decriminalize libel, but it essentially encouraged lowercourts to ignore options to imprison journalists over defamation. Meanwhile, seachanges in the political environments of Malaysia and Thailand have caused peopleto assume that changes in the environments for media and press freedom.

But assumptions are one thing. How it all actually falls into placeor fallsapartmust yet be seen. For all the above promises, after all, little has actuallychanged in the laws that govern the media in Southeast Asia.

Indeed, if anything denes the media situation in Southeast Asia, it is thelarger political considerations of the regions governments and political powers.Upcoming elections are but one factor that pulls for the status quo. From EastTimor to Thailand, the agenda of recapturing stability is overwhelming, and in2008, it was often used to rationalize a low prioritizationand even a sacriceofthe press freedom agenda.

Looking back on the year that was, therefore, is crucial to anticipating andunderstanding how much journalists will be allowed to do their job in 2009 andbeyond.

In the following pages, SEAPA provides a country by country recap of thepast years considerations, and what the respective national experiences maymean for press freedom and free expression in the months ahead.

Southeast Asian Press Alliance Press Freedom in Southeast Asia 2009


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PHILIPPINES

Tarnished and compromisedenvironment for the free press

Despite constitutional and legal guarantees for free expression and press freedom,

the Philippine press remains vulnerable to legal attacks, repressive policies, and aculture of impunity that continues to see journalists being murdered, particularlyin rural areas.

More killings and incidences of harassment continue to dampen the stateof press freedom in the Philippines. The number of slain journalists in the line ofduty rose from two in 2007 to six in 2008, and SEAPAs founding member, theManila-based Center for Media Freedom and Responsibility, points out that sincePresident Gloria Macapagal Arroyo came to power in 2001, 40 journalists/mediapractitionerspractically half of the number since 1986have been killed in theline of duty.

In 2008, the assassination of two broadcasters from the Radio MindanaoNetwork (RMN) in the space of a week underscored the continuing impunity bywhich Filipino journalists are being attacked in the country. On 4 August 2008,

Dennis Cuesta of dxMD-RMN in General Santos was shot by a gunman. He diedve later. Another RMN broadcaster, Martin Roxas of dyVR-RMN, was killed on 7August 2008 in Roxas City.

Pushing back

In the face of this, there are heightened eorts to combat impunity in thecountry. At the initiative of the Freedom Fund for Filipino Journalists (FFFJ) andthe National Union of Journalists of the Philippines, the prosecution of the killersof broadcasters Rolando Ureta and Herson Hinolan resumed in May. (FFFJ is acoalition of six media organizations in the Philippines.) FFFJ has also continuedto assist in the legal battle for the prosecution of the alleged masterminds in the2005 killing of Sultan Kudarat-based journalist Marlene Esperat. A new case againstthe alleged masterminds in the Esperat caseOsmena Montaner and Estrella

Sabaywas led before the Tacurong City Regional Trial Court on Oct. 20, 2008,and the court issued warrants of arrest against the suspects the following day.

To discuss solutions against impunity against journalists in the Philippines,CMFR and SEAPA held an international conference on impunity and pressfreedom in Manila in February 2008. With supportfrom the Open Society Institute (OSI) and theCommittee to Protect Journalists (CPJ), theconference drew from international lessonsand experiences on impunitycalling inexperts and advocates from as far as LatinAmericaand received overwhelming supportfrom various sectors in the Philippines, frommedia to civil society and human rights groups,to the legal community and the judiciary.

Meanwhile, Filipino journalists continuedto wage their own battles in law and in court. Theyear 2008 gave them a mixed bag of victoriesand setbacks.

There were a handful of decisions and directions from the judiciary favorableto the press and the defenders of its rights and freedom. For example, the Courtof Appeals in 2008 allowed a case to proceed against the husband of Philippine

President Gloria Macapagal Arroyo: a class suit in defense of press freedom, andwhich pushes back against a rash of 11 libel cases the presidential spouse, Mr.Miguel Arroyo, had led against 46 journalists in 2007. Mr. Arroyo had moved toquash the challenge, but the Court ruled in September that there was enoughbasis and interest to allow the case to move forward, particularly on questionsof abuse of power and moves to undermine Constitutional guarantees to pressfreedom.

Meanwhile, even as press advocates continued to campaign for thedecriminalization of libel in the Philippines, the countrys Chief Justice issuedan administrative circular on 25 January, encouraging judges to prioritize theimposition of nes over the option of imprisonment in libel cases. A regional courtfor its part ordered the release of a journalist that had been in prison for two years,and one regional court granted a petition to move the location of a crucial case to

a more neutral territory, signicantly bolstering eorts for that case and the overallanti-impunity campaign.

Seventy-eight Filipino

journalists have been killed

intheline ofduty since1986. The majority-- 40

--were murderedduringthe

term ofincumbentPresident

GloriaMacapagal Arroyo.

Six were killedinthe lineof

dutyin2008.

54 Southeast Asian Press Alliance Press Freedom in Southeast Asia 2009


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Setbacks

Despite these bright spots, however, the Philippine press experienced severalsetbacks in its ght for the freedom and rights of journalists.

Notably, Amado Macasaet, president of the Philippine Press Institute andpublisher of the national daily Malaya, was arrested on Sept. 4, 2008 for a nine-year old libel case led by former Rizal governor Casimiro Ynares and Narciso

Santiago Jr., husband of Senator Miriam Defensor Santiago.Meanwhile, Tribune publisher and editor-in-chief Ninez Cachos Olivares

was convicted of libel on June 5, 2008 for a 2003 article accusing an ombudsmanof hiring people from his own rm to handle his clients complaint. There are 47other libel cases led by the l aw rm against Olivares pending in court.

Beyond individual cases, the Philippine Supreme Court in Septemberupheld President Gloria Macapagal Arroyos invocation of executive privilegeas legitimate grounds to prevent a Cabinet member from testifying on a caseinvolving corruption in the highest levels of government.

Press freedom and transparency advocates say the decision was one of thebiggest blows to the causes of the media, access to information, transparencyand good governance in 2008. And it illustrates the continuing vulnerability thePhilippine media has to atrocious and compromised policies, outright violence

against the press, and weaknesses in the rule of law.

INDONESIA

Threats from various camps

Ten years after the introduction of reforms, freedom of expression in Indonesia isthreatened by a host of new legislations.

Several laws that have a direct bearing on the media were passed by the

Indonesian government in 2008. These include Law No. 10/2008 on GeneralElections, Law No. 11/2008 on Electronic Information and Transaction (ITE), LawNo. 14/2008 on Freedom to Access Public Information (KMIP), and Law No. 44/2008on Pornography.

The Law on General Elections contains regulations on news publications.Article 99 of Law No. 10/2008 on General Elections provides for a censorship bodythat can temporarily halt a broadcasting program, reduce the duration and timeof news broadcasts, impose nes, freeze a TV program, and revoke broadcastingand publication licenses, among others.

The controversial Law No. 44/2008 on Pornography for its part carriesheavy jail terms, and because the denition of pornography is vague, free speechadvocates are concerned that criminal sanctions in the law could create a legalmineeld for the press.

The other new legislations seem harmless and even helpful at rst glance,but deeper inspection show troubling provisions embedded in the laws that couldin fact further hamper the ow of news and information.

For example, Law No. 11/2008 on Information and Electronic Transactions(ITE) is primarily aimed at regulating electronic transactions. But it has raisedconcern among journalists because the law carries possible prison terms for onlinedefamation. Article 27 (3) and Article 45 (1) of the ITE law states that any mediawhich distribute journalistic products containing blasphemy and defamationin electronic form face a prison sentenceof up to six years and/or a ne up to amaximum of 1 billion rupiah.

Law No. 14/2008 meanwhile

provides legal guarantees for public accessto informationbut it also comes with

ThePhilippineSupremeCourtapprovedinMarch2008apetitionled

bytheFreedomFundforFilipinojournalistsandtheNationalUnion

ofJournalistsofthePhilippinestotransferthecasesagainstthe

suspectsinthekillingsoftwoprvincialbroadcastersfromAklan

toCebuCity.Themoverecognizestheneedtoprovidesuchtrials

amoreneutralvenuethanthesmalltownswheremanyjournalist

killingstakeplace.

TheCourtofAppealsdeniedonSeptember22,2008,apetitionby

presidentialspouseMiguelMikeArroyotoquashthecaseled

againsthimbyjournalistsinresponseto11libelcasesheled

against46journalists.Thecourtorderedthelowercourtstoresume

hearingthecaseagainstTheFirstGentleman.Alocalcourtdismissedacivildamagesuitledbyjournalistsand

mediaorganizationsagainstgovernmentoicialsforthearrestof

around30mediapractitionerscoveringamilitarymutinyinNovember

2007.

ApendingbillonStateSecrecy

inthe Indonesianparliament

would carry a penaltyof5-20

yearsimprisonment andaneofRp250-500million.



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the threat of one-year jail terms for anyone who misuses the same information.The Law on Transparency of Public Information which was legalized in Aprilregulates condential information and public information. Public Informationshould be open for public access, but this law contains the threat that, those whomisuse public information face imprisonment of a maximum of one year. Thesearticles will hamper the eectiveness of investigative journalism in using publicinformation to curb the corruption of bureaucracy and state-owned enterprises.

Criminal natureOne theme that threads all the above laws is the prevailing atmosphereand conditions for criminalizing controversial speech in Indonesia. There were anumber of defamation suits worth highlighting for Indonesia in 2008, including alawsuit of P.T. Asian Agri against Tempo magazine, a lawsuit of P.T. Riau AndalasPulp and Papers against Koran Tempo, criminal charges led against freelancecolumnist Bersihar Lubis in Depok, a lawsuit of Munarman against Tempomagazine and Koran Tempo, and criminal defamation charges led against UpiAsmaradhana in Makassar.

Meanwhile, the Supreme Court in September sentenced Time Asia magazineto pay damages of more than 100 million US dollars to former dictator Suhartofor harming his reputation and honour. The case went back to 1999 when themagazine reported the Suharto family had transferred some of the 73 billion

dollars embezzled during his 32 years in power from Switzerland to Austria.

Ignoring the Press Law

All the cases above meanwhile cannot help but highlight how alternative,non-criminal mechanisms under Indonesias Press Lawsuch as the Right toRespondand options for mediation by the Press Council have been ignored bythose who have a grievance against the media.

The non-utilization of these mechanisms under the Press Law havedeepened the roots and expanded the chilling reach of the penal code as a weaponagainst the press. At the same time, it has ironically further complicated the taskof addressing the very same concerns the public and the press itself would like tosee in the media sector better, more professional, and more ethical journalism,in particular.

Sadly, on August 15, 2008, the Indonesian Constitutional Court rejected therequest of a judicial review on defamation articles in the criminal code.

Violence

Beyond the issue of criminal defamation and the haranguing of the pressin court, Indonesian press advocates in 2008 also raised the alarm over directviolence directed against journalists. The Alliance of Independent Journalists, afounding member of SEAPA, documented no less than 50 cases of violence againstthe press in the past year, counting physical assaults (21 cases), threats (19 cases),and expulsion and prohibition to cover news events (nine cases). There was alsoone hostage-taking case.

Perpetrators of the cases came from various groups. They include: supportersof candidates during regional elections, government agents, police ocers,members of the Indonesian Armed Forces, and even judges, nongovernmentalorganization activists, and thugs.

To illustrate how journalists are trapped with nowhere to run, its worthnoting the predicament of Erwin Arnada, editor of the Indonesian edition ofPlayboy magazine. In April, Arnada was acquitted of publishing indecent photos.More precisely, the judge dismissed the complaint against him, saying it shouldhave been lodged under the press law. The dismissal of the case did not mean anend to his harassment, however. Islamist groups demonstrated throughout histrial and continued to make death threats against Arnada after the dismissal ofthe case.

9Southeast Asian Press Alliance Press Freedom in Southeast Asia 2009

August15,2008,Indones

ianConstitutionalCourt

rejectedthe

requestofajudicialr

eviewondefamationarti

clesinthe

criminalcode.

TheIndonesianSupreme

CourtinSeptembersente

ncedTime

Asiamagazinetopayd

amagesofmorethanUS$1

00million

USdollarstoformerdi

ctatorSuhartoforharm

inghis

reputationandhonourT

hecasewentbackto199

9whenthe

magazinereportedtheS

uhartofamilyhadtransf

erredsomeof

the73billiondollarse

mbezzledduringhis32y

earsinpower

fromSwitzerlandtoAust

ria.

ErwinArnada,editorof

theIndonesianeditiono

fPlayboy

wasinAprilacquittedofpublishin

gindecentphotos.The

judgerejectedthecompl

aintwhichshouldhavebeenlodged

underthepresslaw.Is

lamistgroupsdemonstrat

edthroughout

thetrialandmadedeath

threatsagainstArnada.

8


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MALAYSIA

Will media reform followpolitical upheavals?

Malaysias general elections in March 2008 unexpectedly threw the ruling coalition,Barisan Nasional (BN) out of power in ve important states, while leaving themwith a reduced (and suddenly vulnerable) majority in the Federal Parliament.

The seismic shift in the countrys parliamentary politics creates room andhope for improvement in a restricted media environment dened by laws hostileto press freedom, free expression, freedom of assembly and other civil liberties.

The BN has long refused to introduce reforms in the area of press freedomand freedom of information. It has steadfastly refused to give in to public pressureon reviewing the Internal Security Act, the Ocial Secrets Act, and the licensingregime that has kept a lid on private ownership of newspapers and broadcastingstations in Malaysia.

In 2008, however, there were some signs that such pressure is increasinglybecoming harder to ignore. The BNs debacle in the last elections and the popularityof the Internet, bloggers, and alternative media clearly have a lot to do with that.

The Malaysian government has therefore promised to relax the licensingrequirement for publications. State-owned mediathe governments and rulingcoalitions propaganda toolin 2008 was given the signal to open its coverageto the opposition. Still, what remains at bottom and in the background arenotoriously stiing laws such as the Internal Security Act, the Sedition Act and theOcial Secrets Act, all of which are arbitrary and vague. These laws will continueto loom large and dene the larger environment for a suppressed media, stilloverwhelming even governments promises to promote and strengthen judicialindependence. Issues that relate to race relations, religion, and Malaysias race-based politics will in particular continue to pose challenges to those who defendfreedom of expression.

The most potent law governing the media is the Printing Presses andPublications Act (PPPA) which includes a licensing provision for all print media

and printer. Violation of the licensing requirement is a criminal oence which canresult in imprisonment for up to three years or a ne of up to RM 20,000 (USD

$5,300) or both. Other laws governing speech and other forms of expression arethe Sedition Act, Defamation Act and the criminal defamation provision underChapter XXI Section 499 of the Penal Code, and the Internal Security Act. Althoughfreedom of expression is one of the fundamental rights guaranteed under theFederal Constitution (Article 10), security concerns are stipulated to have priorityover freedom of speech and assembly.

Fighting for the Internet

Its in the Internet where change is most palpable. In July, the governmentissued press accreditation to online news sites such as Malaysiakini and MerdekaReview. Some bloggers are being invited as guests or participants at governmentfunctions. Instead of dismissing the online discussion on national issues, thegovernment engages anti-government views on issues such as the petrol price hikein a televised debate that saw Anwar Ibrahim being one of the major speakers.

No less than former Prime Minister Dr. Mahathir Mohammadout of powerand out of favor from the current government, and increasingly isolated by his ownpartymatesstarted blogging in 2008, granting interviews to independent newssites like Malaysiakini, and calling out the government for its repressive mediapoliciespolicies that Mahathir himself, of course, had helped to entrench.

Mahathir can also claim responsibility for a Malaysian law that pledged thegovernment to never censor the Internet, of course, but the larger truth remained

that writers and purveyors of news and commentary in any medium remainvulnerable in the country.

On 12 September, Raja Petra Kamaruddin, Selangor state Exco Teresa Kok,and reporter Tan Hoon Cheng were arrested under the ISA for questionableoenses related to race and religion. The government mounted criminal chargesand criminal defamation against Raja Petra, blocked his website, and detainedhim for two months under the ISA for his postings on Islam and the high prolemurder of a Mongolian national. In addi tion, two other bloggers were remandedbut later released on bail for satirizing the states symbols.

The government in 2008 again oated the creation of a Media Council as partof its National Media Policy. Consultation among journalists groups, bloggersand civil society including CIJ was conducted in November for the plan. It seems

In2008 atleastvejournalistswere attackedbysupportersand/or bodyguardsofpoliticiansfromboththe

oppositionandrulingparty.1110 Southeast Asian Press Alliance Press Freedom in Southeast Asia 2009


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that the government is adamant in seeing a Council established on top of theexisting laws, despite being clearly against the wishes of the parties it consulted.Twenty percent of Malaysians now have access to the Internet, and proposals toregulate content on the Web are thus likely to spark more showdowns over freeexpression online.

The judiciary

The performance of the judiciary, and its impact on civil liberties, was mixedin 2008. On the one hand, the court in May upheld the detention of seven peoplewho were simply protesting to demand for the release of its leaders detainedunder the ISA. On the other hand, the court also ordered the release of bloggerRaja Petra Kamaruddin from his ISA detention. In October, it also rejected a bid bythe police to detain using the same law human rights activist Cheng Lee Whee,who posted a report alleging abuse of police power. On November, after 13 years,the court threw out the charge of publishing false news against Irene Fernandez,a migrant rights activist who exposed the poor condition in the state migrantsdetention camp.

Still, 2008 demonstrated the importance of having a consistent andindependent court that can uphold the rights of the people and the press.

Malaysian journalists in 2008 continued to be subjected to harassment and

physical attacks, usually by political partisans.At least ve journalists were attacked by either political partisans or

bodyguards of political gures. Incidents of journalists being barred from coveringa news event were also reported. A photographer from Utusan Malaysia, Roy AzisAbdul Aziz and Merdekareview journalist Chow Z Lam was injured on May 27 by amob as he was covering the demolition of a barricade by residents at the BandarMahkota Cheras.

Chen Shi Chuan, a Sin Chew Daily reporter based in Sitiawan, Perak, wasattacked on June 11 by nearly 30 people while covering a fatal road accident. A

photographer from Guang Ming Daily was assaulted allegedly by the securityocers of PKR while on duty covering Anwar Ibrahims speech on August 1.

While covering the Permatang Pauh by-election on August 18, twophotographers from NST and HBL Press Agency were beaten by a group, when

the former took pictures of them harassing a passing vehicle belonging to BN. Thegroup was believed to be PKRs supporters.

The year 2008 showed much changeand opportunities for changeinMalaysia. But it was equally clear that many challenges and dangers remain.

Governmentwantstoestablish a

mediacouncil.Mediaadvocates

claim such a bodywill onlystrengthengovernmentinu

ence

onmediaoutlets.

TheMalaysianSupremeCourtinNovember2008orderedthe

releaseofbloggerRajaPetraKamaruddinwhohadbeenpreviouslydetainedunderMalaysiasnotoriousInternalSecurityAct.2008alsosawtheacquittalofrightactivistIrene

Fernandezofchargesofpublishingfalsenewsaftera13-yeartrial.

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VIETNAM

Government goes afteronline dissidents and journalists

Though the countrys 1992 Constitution mentions the right to freedom of opinion,expression and association for all citizens, Vietnam in 2008 continued to provideone of the most repressive environments for press freedom in Southeast Asia.

Eight Vietnamese journalists were arrested for various free expression-related oenses in 2008. A third of them are online writers and journalists. On topof the arrests, four journalists were meted prison sentences averaging two yearseach.

The countrys Press Law virtually places the entire media sectorthe countryhas around 600 media outlets from the digital, broadcast and print sectorsunderthe control of the government. Under the current Vietnamese setup, the mediais ocially tasked to promote and protect party lines and policies. Newspapersand journals are autonomously run, but all ultimately trace their ownership andmanagement to various state agencies and peoples organizations.

Vietnam therefore virtually has no independent media sector to speak of.

Outside of this media structure, any and all attempts at independent newsand commentary run the risk of reprisal or legal actionas illustrated by thearrests of journalists in 2008. Self-censorship is also inevitable.

Journalists and media groups can be threatened with crippling defamationsuits that have little chance of defense in politicized courts.

Fines ranging from US$450 to US$2,000 face journalists who reveal statesecret and harmful information. Government interviewees are empowered toreview articles before they can be published, at pain of nes for the journalistand/or his or her news company. The use of anonymous sources also havecorresponding nes.

The attacks on journalists can be literal and physical, on top of all legalproceedings. Ben Stocking, an AP reporter, was beaten and detained on September19. Le Quoc Quan, a poet and writer, was prevented from going to Norway. Bui

Kim Than, an Internet writer, was released on August 13 after being conned forve months in a psychiatric ward despite absence of proof that she is mentally ill.

Clashing on the Internet

As with all societies, the Internet oers some potential for more space,content innovation, and even for pushing the envelope on free expression.

A sizeable Vietnamese diaspora in North America, Europe, and Asia arepushing content and discussions that would otherwise be frowned upon or bannedinside Vietnam, for starters. Though Vietnam attempts to block many websites,an estimated 23 percent of Vietnams 86 million people have access online, andtools like Skype, emails, blogs, and social networking sites provide both room andcontent to discuss more matters than would be allowed in traditional media.

Even inside the country, and even within government, the envelope isbeing pushed. VietnamNet, one of Vietnams most popular websites, is state-owned, but also an acknowledged platform for forums and social commentary,though discussions are still advised to keep away from sensitive topics such ascalling for democracy or an end to the one-party system and/or demands for openelections.

Indeed, while the government is embracing new media as an inevitable

platform for world trade and economic development, it is also keeping an evercloser watch on its exploitation for wider political discourse.

Two years ago, the Press and Information Department was taken out of theMinistry of Information and Culture and merged with the Ministry of Science andTechnology, a step seen as an attempt to include control of new media underthe governments ambit. Under this setup, the government maintains activemonitoring of Internet users, and it has built up its own capacity to monitor,intimidate and arrest dissidents online. ISPs and Internet kiosks are now requiredto install monitoring devices and must record users information. Internet usersare also deputized by the government to report fellow users anti-governmentmessages online. Websites that are critical of the government are blocked.

Unsurprisingly, therefore, three of the eight dissidents and journalistsarrested in 2008 were involved with new media.

All this creates a chilling eect on the Net itselfin terms of both accessand content.

(VietnamhasanInternetpenetration

rateof23%,ormorethan20million

outof atotalpopulationof86mi

llion.)



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The judiciary

Those who would seek to defend the press and journalists typically ndthemselves in an uphill battle. Vietnams courts toe the party line when it comes tofree expression matters. In October 2008, Nguyen Viet Chin, a journalist of ThanhNien newspaper, was sentenced to two years in prison for abusing democraticfreedoms to infringe upon interests of the state. Somsak Khunmin, a Thai citizenand contributor to Chan Troi Moi (Radio News Horizon), was sentenced in Mayto nine months imprisonment and three years probation on terrorism charges.Truong Minh Duc, an independent journalist, was sentenced in March to veyears imprisonment for violation of Art 258 of Vietnamese Criminal Code. Chargesagainst independent writers are easy to make up and trump up. In September,blogger Nguyen Hoang Hai was sentenced to two-and-a-half years imprisonmentfor tax fraud.

Journalists, writers, and dissidents targetted by the government say theycan also be ostracized when police and the military go so far as to harass theirrelatives, friends, and neighbors.

SINGAPORE

Allowing space or justmaking promises?

On Singapores National Day Celebrations on 17 August 2008, Singapore PrimeMinister Lee Hsien Loongacknowledging the advent of new media and perhapsrecognizing the futility and irony of trying to control all news and opinion in theInformation Ageannounced that the government will ease a long-standing banon political lms and outdoor public demonstrations.

An outright ban is no longer sensible, the Prime Minister saidbuthe quickly noted that any relaxation of restrictions must still be guided bysafeguards.

Singapores community of bloggers were quick to weigh the sincerity oftheir leaders to open space for free expression and press freedom. Independentlmmaker Martyn See said there was only one way to nd out, and that is to applyfor the open exhibition of political lms. See himself has had at least two of hisdocumentaries prohibited from public screenings.

It will indeed be interesting to see how the Singaporean government will

receive such applications in the coming year. Singapore does not hide the fact thatin the city state, civil liberties, especially freedom of expression, take a backseat toeconomic development objectives.

Uncompromising

The Prime Ministers personal statements notwithstanding, Singaporesnotorious laws impacting on press freedom and freedom of expression willlikely remain uncompromising. These include the city-states defamation law,the Printing Press Act, the Newspapers and Printing Presses Act, the UndesirablePublications Act, Broadcasting Act, and of course, the Internal Security Act, FilmsAct, and Ocial Secrets Act.

The net result of all of the above is that, although the country has 10newspapers and six magazines, three broadcasting companies that oversee several

TV and radio stations, 15 satellite broadcasters and a cable TV provider, they areall eectively monopolized by the government, primarily under the government-

WRITERSAND JOURNALISTS SENTENCEDIN2008NguyenVietChinjournalistofThanhNiennewspaper,sentencedonOctober15totwoyearsforabusingdemocraticfreedomtoinfringeuponinterestsofthestateNguyenHoangHaiblogger,sentencedto2yearsinSeptember10fortaxfraud

SomsakKhunminThaicitizen,contributortoChanTroiMoi(RadioNewsHorizon)sentencedinMayto9monthsimprisonmentand3yearsprobationonterrorismchargesTruongMinhDucindependentjournalist,sentencedinMarchto5yearsimprisonmentforviolationofArt258ofVietnameseCriminalCode

ARRESTEDIN 2008

PhamThanhNghienInternetwriter,arrestedSeptember11TranDucThachpoet,arrestedSeptember10anddetainedforadayNguyenVanTucpoet,onlinewriter,arrestedonSeptember10PhamVanTroidissidentwriterarrestedonSeptember10LeThiKimThuonlinereporterandphotographerarrestedonAugust14NguyenXuanNghiapoetandwriter,arrestedonSeptember11LeHongThien -USjournalistplacedunderhousearrestinMayNguyenVanHaijournalistfromTuoiTraarrestedonMay13

1716

J l 2008 the InternationalBarAssociation


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owned Singapore Press Holdings and Mediacorp which runs broadcastingoperations.

Self-censorship is pervasive and somewhat inevitable. Singaporeanjournalists, academics, writers, and artists daily refer to OB markersa nebulous,vague, yet all too real concept that is ingrained in the minds of anybody in Singaporewho has anything to say. OB stands for whatever it is that government mayconsider out-of-bounds, and although (or precisely because) such markers areunocial, in fact unwritten, its net is cast wide by individual minds, and creates fora suocating environment where the limits of ones freedom to express is denedby citizens themselves.

Bankrupt

Where OB markers are ignored, Singapores defamation laws and theirconsequent nes are unforgiving. Singapore Democratic Party leader Dr. CheeSoon Juan has been bankrupted at least twice over by defamation suits broughtagainst him by Singapores leaders.

Conservatism is a default mode in any medium presuming a Singaporeanaudiencewhether it be television, radio, print, or the Internet. OB markers areoften invoked on the strength of Singapores laws on national security, ocialsecrets, and social harmony (none of which have actually been changed by thePrime Ministers pronouncements), and a judicial system that the International Bar

Association in 2008 denounced as politicized and partial when it comes to speechcrimes brought to court by political leaders.

Even the foreign media are famously vulnerable in Singapore, having al readypaid in years past millions of dollars in defamation fees to former Prime MinisterLee Kuan Yew and his handpicked successors, former PM Goh Chok Tong andLees son, the incumbent Lee Hsien Loong. In 2007 the government revised rulesgoverning the circulation and operation of foreign publications in the Singapore,requiring the appointment of a Singaporean citizen in the management structurethat, critics say, was stipulated largely for the purpose of creating a pressure pointthat makes the threat of litigation that much more intimidating.

In September 2008, a Singaporean court found the Far Easter EconomicReview and its editor, Hugo Restall, guilty of criminal defamation. The lawsuitwas led by former prime minister Lee Kuan Yew and his son the incumbent

Prime Minister Lee Hsein Loong. That same month, Singapore-based Americanlawyer Gopalan Nair was sentenced to 3 months imprisonment for criticizing a

court decision in his blog. Singaporeshigh court in November found the HongKong-based Wall Street Journal Asia incontempt of court and ned it 25,000

Singapore dollars (approx.12,700 euros) for publishing two editorials and aletter by an opposition leader questioning the countrys judicial system.

Summary judgments

With the PAP maintaining an iron grip in the city state since it came to powerin 1959, the countrys leaders have come up with a panoply of laws to legitimize itssuppression of freedom of expression.

Compounding this is the Singaporean judicial mechanism of summary judgments where the complainants can petition courts to render decisionswithout basis of hearings. Summary judgments are perceived to be vulnerable topolitical bias, particularly when defamation suits, for example, are brought forwardby government and/or government ocials. Such cases are in fact not uncommon,with Singaporean government ocials winning lawsuits and receiving hundredsof thousands of dollars worth of damages.

The new media oers no haven from the pressures. Singapore does notblock content on the Netsave for a token 100 websites that mostly have todo with pornographybut in 2007 and 2008, media and information ministers

have thought aloud about extending the strict rules applying to the media, fromlicensing to criminal defamation, to also be applied to blogs and other onlinemedia.

19Southeast Asian Press Alliance Press Freedom in Southeast Asia 2009

InJuly2008the International B

issueda 72-pagereporton the stateofSingapores

judiciarynotingthat there are concerns about

the objective and subjectiveindependence and

impartialityofSingaporejudges.

SingaporeancourtfoundinSeptember2008theFarEasterEconomicReviewanditseditor,HugoRestall,guiltyofcriminaldefamation

AmericanlawyerGopalanNairsentencedto3monthsimrpisonmentforciticizingacourtdecisioninhisblog

18


12/20

CAMBODIA

Stronger government,more vulnerable press

The media situation in Cambodia palpably deteriorated in the runup to the July 27,2008 elections, with the overall atmosphere marked by violence, and highlightingcontinuing questions about the environment for press freedom beyond thepolitical season.

Journalist Khim Sambo of Moneakseka Khmer newspaper was shotdead on July 12 by still-unknown gunmen. Sambos son, Khat Sarin Pheata, wasalso killed. The Cambodian media saw the murders as a warning to their sector.Earlier, Sambos superior, Dam Sith, was jailed for a week for allegedly defamingCambodian Foreign Minister Hor Nam Hong.

Also, in the early part of the year, a local journalist, Khuon Phlaivy, surviveda slay attempt. He had received d eath threats earlier.

Too powerful

For all the violence, however, it was still the elections that served as a portentof the larger issues that confronted the media in 2008, and that will continue to

hang over the heads of the countrys journalists.Prime Minister Hun Sen and his party, the Cambodian Peoples Party (CPP),handily won the elections. They managed to secure more than two-thirds of theNational Assembly seats.

The opposition Sam Rainsy Party has been trying to bargain for a power-sharing scheme, but with the CPP holding 90 of 123 seats, there is little leve rage inthe National Assembly to ensure that a system of checks and balances is in place.

This has gotten the media and human rights groups on edge. The mainchallenge confronting Cambodian media is a pending bill being crafted by theCouncil of Ministers with provisions aimed at curbing the activities of local andinternational non-government organizations operating in Cambodia. Sayingterrorists might use NGOs as fronts to penetrate Cambodia, Prime Minister HunSen has thrown his full support behind the bill, and backed by a super majority, he

is poised to pass legislation that could further dampen the press freedom situationin the country.

Dubious laws, weak courts

Cambodia currently has two Press Laws, the rst being the one adopted in1993 under the UNTAC and the second in 1994 adopted by the National Assembly.Both laws have provisions aimed at curtailing press freedom and hindering thework of journalists. These provisions include Articles 12 and 20 of the Press Lawthat vaguely dene oenses deemed harmful to national security. This ambiguityenables judges and authorities to prosecute members of the media unjustly. TheUNTAC laws Article 62 also has vague provisions against disinformation, anothermatter that can too easily render journalists and their sources vulnerable to unjustprosecution.

Beyond weaknesses and traps in the law, the judiciary itself cannot beexpected to remedy such dangers. The judicial branch of government is seen aspoliticized and inclined towards the whims of the executive branch. Corruption isalso widespread, and there are inconsistencies in the way judgments are passed,particularly on matters of political sensitivity, including issues of rights andliberties.

The Internet

New media oers some crucial room for public discussions. Though theInternet penetration rate is only 0.5% of the population, or 40,000 out of the

seven million adult population, Cambodia is noted for a burgeoning communityof bloggers. Here though, there are also new dangers. The government is now

AbillonNGOscurrentlybeingdraftedbytheCouncilofMinistersreportedlyhasprovisionsseekingtocurbactivitiesofNGOs,includingthoseadvocatingformediafreedom

Anotherpendingbill,thistimeontheInternet,isseenashavingprovisionsthatwillcurtailfreedomofexpressioninthenewmedia.



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considering how to extend rules governing traditional media, so as to make themapply to online media and platforms as well.

The Ministry of Information is drafting legislation that allows existing printregulations to govern other media, including the Internet, but vows not to curtailpress freedom.

The Ministry of Information wants to extend existing libel, defamation andethics rules applying to print and broadcasting media to web-based platforms.

Ocials insist that such proposals are not intended to impact on freedomof the press. Still, control of the Internet recently became an issue when severalgovernment ocials suggested shutting down a website by Cambodian-Americanartist Reahu, whose depictions of semi-nude Apsaras were claimed to degradeCambodian culture.

The Cambodian Association for the Protection of Journalists (CAPJ), a SEAPApartner, says it is troubled by the Cambodian governments plan to regulate theInternet through the enactment of a law by late 2009. CAPJ appealed to thegovernment to put the plan on hold. The group stressed that since the Internetbecame available in 1997, it has been serving the public well despite the absenceof laws governing it. Furthermore, no major incidents involving the Internet whichcaused negative consequences to Cambodian society has taken place.

With the prospect of the new regulation, CAPJ President Um Sarin said: Itseems the government is applying autocratic rules to control everything about

communication. We worry that this law would be used as a tool to control andclamp down on bloggers who harshly criticize the government and we appeal forthe government to reconsider its current plan.

THAILAND

Instability and vulnerability

Thailand ended 2008 with a new government (its fth in two years), many lingeringquestions about the countrys stability and, among other uncertainties therefore,the environment for the media and press freedom.

From the deposed government of former Prime Minister Thaksin Shinawatra,who was ousted in a coup in September 2006, to the one-year military regimethat followed, and two civilian governments that critics contended were butproxies for Thaksin from 2007 through much of 2008, Thailands press had longbeen under a dark cloud. Constitutional guarantees for free expression and lawsstrengthening press freedom and access to information were often undercutby hostile posturings from whichever party or entity was in power. Threats andactual cases of defamation hung over government critics heads during the timeof Thaksin, while lese majeste suits were recklessly abused by all political factionsand the military itself, all contributing to a chilling environment for open and freepublic discourse, particularly where matters of corruption, military coups, or theThai monarchy were concerned.

The election in December 2008 of a Democratic Party-led government

gave rights advocates some room to hope for a change in the atmosphere. NewPrime Minister Abhisit Vejjajiva is a young, western-educated politician with warmrelations with the press. In his time as opposition leader, he had consistentlyespoused democratic principles. But stability is the order of the day in Thailand,and pragmatism a dening character in its fractious politics. No longer anoppositionist, the new prime minister has had to temper democratic armationswith policy statements that prioritize stability and national reconciliationandimplicitly, cooperation with the military and the establishmentover all else, atleast for the short term.

PM Abhisit stresses that defending the monarchy will be most important to hisgovernment. Consequently, his newly appointed Information and Communicationsaid that she herself will make Internet censorship her top prioritythe ICT infact blocked 2,300 websites in Thailandand put her direction specically in thecontext of a need to defend the royal institution.

MoneaksekaKhmernewspaperreporterKhimSambo

andhissonwerekilledbyanassassininPhnom

PenhonJuly12

JournalistKhuonPhlaivysurvivedanattempton

hislifeinearly2008



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Watching the Internet

A new watchdog organization was thus launched in Thailand towards theend of 2008the Thai Netizens Networkwith the objective of protecting theaccess to, and free expression on, the Internet. Apart from the broad interpretationsof what could constitute lese majeste in the country, the founders of TNN are alsotroubled by the Computer Crimes Act enacted in 2007, and whose broad provisionshad been invoked in the blocking and closure of many websites in 2008.

The sensitivity by which lese majeste and online speech is being handledsignals that the larger considerations that impact on press freedom and free

expression in Thailand have not gone away, and they remain vulnerable to thepolitical considerations, as well as personalities, of the countrys leaders.

In this environment, self-censorship will remain a given in many mediaoutlets. Blogs and popular aggregators or web-based media such as Prachatai.com often receive requests from government and/or military ocials to pulldown commentary from their sites that are deemed disrespectful to Thailandspopular and revered King Bhumibol Adulyadej. Prachatai.com acknowledgesthat it often complies with such requests. The December 6-12 issue of the Britishnewsmagazine, The Economist, was voluntarily withheld by its distributorsbecause it featured articles questioning the role of the monarchy in the recentpolitical crises. Meanwhile, lese majeste cases continue to hang over the BBCscorrespondent in Bangkok, Jonathan Head, for stories that inquire about the role

or inuence of the Thai monarchy to Thailands recent coups and political crises.

Violence

Outside of lese majeste, the Thai media in 2008 had to contend with violenceagainst journalists and inner struggles to maintain their independence. Continuinguncertainties in the political climate have tempted or pressured media outlets totake sides, and even as journalists have struggled to remain neutral, they haveliterally been roughed up by all sides in deeply polarizing political events.

In 2008, reporters covering Parliament complained of harassment andthreats from irate administration politicians. The Peoples Alliance for Democracy(PAD) which spearheaded the demonstrations against Thaksins forces, overrana government TV station in August. The Thai Journalists Association, a foundingmember of SEAPA, condemned the act, and the PAD apologized, but the tensions

and harassment against the press only escalated from there. PAD enforcers in theairport routinely harassed reporters to pressure them to write favorable stories

about the demonstrators. Several journalists and photographers were alsophysically and verbally abused. Pro-Thaksin supporters, on the other hand, laidsiege on the Chiang Mai oce of Thai Public Broadcasting Service (TPBS). A moblynched the father of the station manager.

Even away from the political crisis, there were other troubling attacks onmembers of the media.

The threat of defamation remained in 2008, highlighted by a 1.2-billion-baht suit brought against a columnist by international retail giant Tesco Lotus. Thewriter apologized and the charges were dropped, but not before rearming the

chilling powers of Thailands defamation laws.Meanwhile, there was a spate of killings of journalists, signaling the return of

a phenomenon that had not been seen in Thailand for years. Athiwat Chaiyanuraof Matichon and Channel 7 in Nakhon Sri Thammarat province was shot deadin his house in August. The following month, Jareuk Rangcharoen, anotherMatichon reporter for Suphanburi province was shot while he was driving homefrom work. Chalee Boonsawat, ofThai Rath newspaper reporter forNarathiwat province was killed ina bomb explosion in Sungai Koloktown in August, while PhadungWannalak, reporter of ModernNINE

TV was seriously injured.

Reform

As a sector, the Thai media in 2008 lobbied government to prioritize reformsin the broadcasting sector, to ensure the independence of a new broadcastingcommission, as well as to further liberalize the airwaves currently monopolized bythe state and the military. They also sought to safeguard and strengthen a nationalexperiment on public broadcasting. Meanwhile, the media continues to hold on toearlier reform laws, passed in 2007, which promise to safeguard media ownershipindependent of political interests.

Current PM Abhisit has pledged to see to the Thai medias campaigns formedia reform. But how his governments stability or vulnerability to Thai politicalforces impact on the overall media environment remains to be seen.

The newly-installed government

hasblocked 2,30websites withinits

rstmonthinofce,with400more

waitingforcourt orders.


SENTENCED/ARRESTED in 2008


15/20

BURMA

Still shackled

On September 23, 2008, after 19 years in prison, Burmese journalist U Win Tin wasreleased by Burmas military junta. Upon returning to his Yangon home, however,he refused to take o his prison uniform. He may no longer behind bars, heexplained, but he and the rest of the Burmese press remains shackled.

Indeed, things actually got worse for the press and purveyors of independentinformation in Burma in 2008.

Prior to the release of Win Tin, more journalists, writers, and artists wereactually arrested. Most notably, the popular comedian, activist, and bloggerZarganar was in November handed a sentence of 45 years in prison.

Meanwhile, an already notorious censorship regime became stricter.Aside from government-owned media outlets, there are more than 300

private journals in the country. Every publication is required to submit an advancecopy of its forthcoming issue for censorship, and in 2008, the rules for submittingsuch advance copies actually became stricter. By requiring the submission of morecopies for review, the ministry added an economic factor to the system that forcesthe publishers to self-censor more thoroughly even before they go to the censors

board.Whether any unfavorable writing makes it past the censors or not,meanwhile, Burma has more unrelenting ways of dealing with dissent.

In January, authorities arrested poet Saw Wai for writing a love poem witha hidden message condemning the junta head. Myanmar Nation editor ThetZin and manager Sein Win Maung were arrested in February and charged forpossessing a United Nations report on Burma and video footage of the SaronRevolution. Their publication was suspended for close to three weeks. Even theBurmese-language edition of the Myanmar Times, a conservative weekly, wassuspended a week in January for publishing a report about higher licensing feesfor satellite dishes, a crucial point of access for foreign news and exiled mediabroadcasts into Burma.

Against this backdrop, on May 10, 2008, Burma held a referendum on a new

constitution leading to elections scheduled for 2010. The junta promoted this as apositive step for the easing of political rights in Burma.

Sham

But the exercise was clearly a sham for the lack of public participation in thedrafting process and the restrictions on discussions. Indeed, authorities threatenedto mete jail terms of up to 20 years for those who criticised the referendum orcalled for a boycott. When Cyclone Nargis struck Burma in May, a week beforethe referendum, the tragedy only served to further underscore the grotesqueconditions for the ow of news, commentary, and information in the country.

Journalists were penalized for helping the relief eorts, reporting on thecyclone-ravaged areas was restricted and censored, and foreign journalistsaswell as representatives of various international aid agencieswere ociallybarred from visiting the devastated regions.

Citizen journalists

In the face these diculties, however, 2008 also therefore highlighted thealternative forms of media that allow independent information ow in and out ofBurma.

A community of exiled Burmese journalists and media outlets, in particular,

were crucial to keep the worldand the Burmese themselvesinformed ondevelopments inside the country. Linkages and networks between this exiled

Zarganar, Comedian (Male) - Blogger and writer, arrested on 4 June 2008. He

was sentenced to 45 years in prison in November 2008. Another court ruling a

few days later imposed a further 14 years jail term.

Zaw Thet Htwe (Male) - Journalist, arrested on 13 June 2008. Sentenced to a

total of 19 years imprisonment in November 2008

Saw Myint Than (Male) - Chief reporter of Flower News Journal, arrested on

1 September 2008. (Released on October)

Eint Khaing Oo - (Female) - Journalist from Ecovision Journal, arrested on

10 June 2008.

Thet Zin (Male) - Editor of Myanmar Nation Weekly journal, arrested on 15

Feb, 2008.

Aung Kyaw San (Male) Editor-in-Chief of Myanmar Tribune Journal,

arrested on 14 June 2008.

Nobel Aye (Female) - Journalist from Readers World Journal, arrested on

August, 2007.

Nay Phone Latt (Male) - Blogger and writer, arrested on 29 January 2008.

Khin Maung Aye - Editor of News Watch and reporter, Tun Tun Thein from the

same publication was arrested by the authority on November 2008.

Internet penetration in Burma is a mere 0.1%, or 40,000users out of a total population of 47 million people



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community and their colleagues inside Burma have always been crucial, but theystrengthened in late 2007, after the Saron Revolution, and further galvanizedafter Cyclone Nargis. With journalists inside contributing as correspondents and/orsources to the exiled platforms, the separate but related communities complementBurmese-language radio services by international news organizations such asthe BBC, Radio Free Asia, and Voice of America. Thus does news and informationmanage to get in and out of Burma, notwithstanding some of the most daunting

barriers to press freedom in the world.Equally important over the past two years, however,

the exiled groups have provided a platform for theemergence of citizen journalists from inside Burma.Exiled media groups like the Delhi-based Mizzima.com, and Irrawaddy Magazine in Chiang Mai, andthe Oslo-based Democratic Voice of Burma, acted asclearing houses for information, pictures, audio, andvideo captured by ordinary citizens. That relationship,

and the citizens journalism phenomenon, will continue to be key to the relayof Burmese stories to the rest of the world. Equally certain, however, it will notcontinue without the Burmese governments attempts at reprisal and furthercontrol.

The Internet remains strictly controlled inside the country. It is practically

monopolized by the state through two state-linked service providers. Andyet despite this, and despite the economic inaccessibility of the Internet andinformation communication technologies (ICTs) in generalBurma has a nationalInternet penetration rate of only 0.1%; a SIM card in 2008 went for as much asUS$2,000the junta has grown wary of the technology, and their inability to fullycontrol the ow of information it allows, as proven in September 2007 and by theexperience with Nargis.

The governments attack has been both on the domestic and exiled fronts.In 2008 they rounded up and arrested bloggers like Nay Phone Latt who are criticalof the government. Websites like YouTube and web-based email services likeGmail, Yahoo, and Hotmail were blocked. Meanwhile, the websites of Irrawady,DVB, Mizzima and other exiled media groups repeatedly came under attacks fromhackers. The sophistication of the attacks cause experts to conclude that they

were sponsored by the Burmese government, and will li kely happen again, sooneror later, and with more regularity.

LAOS

New rules foran old regime?

On August 18, 2008, the Lao National Assembly approved the countrys rst medialaw. The passage of the law comes after seven years of several amendments to

the draft and, among other things, a crucial debate over whether explicit mediafreedom should be allowed.

Implementation has been slow, however, and in any case, to many journalistsin Laos, the new lawMedia Law 2008is but an extension of the previous PartyResolution No. 36, which already outlines the rights and responsibility of the media.Still, although the new law spells out explicitly what the media can and cannot do,it does make mention of a right to access public information, something previouslywithheld by authorities.

The law guarantees the right of the media to acquire information and reporton malpractices and illegal actions committed by either individuals or governmentagencies. It also obligates state ocials to provide information, though the law alsohas built in exemptions as to what information must be divulged and shared.

Laos is also introducing a new law for broadcast reform. Under this newlaw, the broadcast sector remains state-run. Eighty percent of the 6.5 millionpopulation has access to radio while 50 percent has access to TVboth of whichmedia are currently monopolized by the state.

The Lao National Radio is by far the only national broadcaster, supplementedby 31 regional and provincial stations broadcasting on AM and FM frequencies.National TV, or Channel 1 and Laos Television 3, are the two local broadcasters.The rst local private broadcaster, Lao Star, was established in 2006. This satellite-transmitted channel is basically to ll gaps of information on culture andentertainment and the manpower the state media could not aord.

Under the reform initiatives, the government will allow private sectors tobuy air-time slots in, produce programs and eventually prepare them to invest innew broadcasting outlets.

BrandnewSIMcardsinRangoonin2008werebeingsoldforasmuchasUS$2,000each.

Foreign radio stations are notallowed to broadcast their Lao-language programs inside Laos



17/20

Local media observers hope that the law will modernize and improve theprofessional standards of Lao media, especially broadcasting which lags behind interms of substance, resources, and technology.

Restrictions

Still, Laos remains a country governed by highly restrictive media policies.Notwithstanding a Constitutional provision for freedom of speech and the press,the media is subject to numerous rules and policies protective of the status quo.The Lao Peoples Revolutionary Party the only party in the country, holds 98 of the

99 seats in parliament, and is often not tolerant of criticism.All publications in Laos must be approved by the Ministry of Information,

which issues them with publishing licenses, and newspaper editors and broadcastproducers are appointed mostly from the party. Local newspapers are requiredto use reports from the state news agency, Khao San Pathet Lao and adhere toministry guidelines on sensitive topics.

Reports and commentaries about the countrys socio-economic problems,bureaucratic ineciency and corruption are allowed, but only as long as they fallshort of denouncing or causing embarrassment to individual ocers and the rulingparty. The Foreign Ministry also forbids criticism of friendly countries, particularlyVietnam and Burma.

These restrictions ironically come at a time when there has been a marked

growth in the Laotian media sector since 2000. There are over 70 publications,inLao, English and Frenchon trade, tourism, lifestyle and entertainment. Mostof them are produced in the capital, Vientiane, and each have a limited circulationof about 3,000 copies a day because of the small market.

Alternative media

Outside of state-controlled media, Laotians do have alternative media theycan turn to. Foreign broadcasts from the Voice of Viet Nam, Beijing InternationalRadio, Voice of America, BBC and Radio France International are also accessible.Wealthier residents in the capital and major cities have 24-hour access to some 30international news and entertainment stations via satellite and cable television,and those close to the Thai border can access programmes from other countries.

The Internet, though introduced in the country in 1997, has yet to have

any signicant impact for ordinary Laotians. Charges of about 9,000 Kip (approx.US$1) per hour in a country where gross domestic product per capita is US$2,200

limit exploration of the World Wide Web to tourists, entrepreneurs, expatriates,government ocials and the media.

As of March, it was estimated that there are a mere 100,000 Laotians withaccess to the Internet. Some 25,000 users can only access via Internet cafs, mostof them found in Vientiane Prefecture.

All Internet providers are controlled by the state and e-mail is monitored. ThePrime Ministers Oce requires all Internet service providers to submit quarterlyreports and link their gateways to facilitate monitoring, but the governmentsability to enforce such regulations appear to be limited. Two web forums, Inlaonet

and Laoupdate, are popular among students, allowing comments about currentaairs and common social problems, occasionally focusing on news reports, butnever politically sensitive issues. Some blogs and websites of overseas dissidentsare blocked.

In general, free expression remain severely hampered by restrictive laws.Defamation of the state and false information are criminalized. Producing anti-government propaganda can land one with a one- to ve-year imprisonment;inciting social instability through demonstrations a ve-year term; andcommitting crimes against the state a 20-year term or execution.

Media-related oensesinLao lawandcorresponding jailterms:Producing anti-governmentpropaganda -

one-to fve-year imprisonmentInciting socialinstabilitythrough

demonstrations-fve-year jailtermcrimesagainst the state-20-year

prison termor execution

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18/20

EAST TIMOR

Press freedom farfrom state priorities

A year after the violence-marred 2007 elections, Timor Lestes media i n 2008 slowlyreturned to some semblance of normality, though with challenges posed by the

new-found requirements of democracy and the limitations of infrastructure of astill fragile country.

In the media sector, there were stirrings for some positive change. In2008 the government announced its position to decriminalize the countrysDefamation Law, saying this law will be struck out of the Penal Code when anew version is passed by parliament. The statement was welcomed by the TimorLorosae Journalists Association (TLJA), a SEAPA partner. Decriminalization of theDefamation Law has been one of the most urgent issues impacting the Timoresmedia in recent years.

Minister of Justice Lucia Lobato announced to members of the press gatheredat the national parliament that the government will remove the Defamation Lawfrom the countrys Penal Code and will treat violations thereof as civil cases. She

added that the government will sign into law a revised penal code as soon as thenational parliament passes the bill.However, 2008 ended with the status quo still in placeillustrating a sense

that media reform and the needs and rights of the press are still very low in Dilislist of priorities.

East Timor is not only the regions youngest nations, after all. It is also thepoorest. The infrastructure is poor and the country is drought-prone. But vastoshore oil and gas elds in the Timor Sea hold much potential, and transparencyand governance are crucial challenges that must be complemented by free,independent, and stable media.

With support from international development agencies, the basic ingredientsfor a productive and constructive media sector are in fact in place.

East Timors national public radio and TV services was launched in May 2002,

replacing the interim broadcasting services operated by the UN.

Public radio is said to reach some 90 percent of the population; public TVhas a smaller coverage.

Community radio stations play a key role in the process of nationalreconstruction. Many of them receive funding, training and equipment frominternational agencies and organisations. One of these radio stations is run by theCatholic church.

In the private sector, East Timor has two daily newspapers and a numberof weekly titles. BBC World Service programmes in English and Portuguese areavailable in Dili via BBC 105.9 FM.

Internet penetration is still minimal, pegged at 0.1% of the population, or1,100 users, as of March 2008. There is only one Internet service provider, whichprovides broadband for about US$250-US$300, far too expensive for Timoreseor even for anybody else in any country of Southeast Asia.

Violence

Beyond their fundamental and logistical diculties, the journalists of Timoralso must still contend with an unstable environment prone to violence, says theTimor Leste Journalists Association (TLJA), a SEAPA partner.

TLJA reported that a worker of the East Timor Post was apprehended inFebruary by the military police while he was on his way to deliver the computerles of the newspaper to the printer. The editor was beaten and was brought to

the police station where he was attacked again.The countrys State Security ocials issued a formal apology for the incidentafter a formal complaint was led by the newspaper and in the aftermath ofcriticism from international media watchdogs. But not without trying to rationalizethe attack. The senior layout editor, Agostinho Ta Pasea, was held for 11 hours, thegovernment said, for breaking Dilis 10pm-6am curfew during an ocial state ofemergency.

Internet cafes in Dili chargesurfers US$1-US$1.50 per minute.

The Timorese government

haslongpledgedtoremove

defamationfrom the

criminal code.



19/20

Cant aord to wait

The challenge for Timors media will continue to be dependent on the youngcountrys instability. The low prioritization for media reform and media rightswill keep journalists and the press vulnerable and trampled under governmentsresolve for stability and normalcy.

The challenge for transparency and better governance, howeverespecially in light of East Timors need to quickly exploit its natural resourceswillnot allow the press to wait. Dili therefore must institute reforms and guaranteesfor press freedom with as much resolve as it has shown for stabilizing the political

environment, because more and more they will have to contend with a moreactive press that will, in turn, be at risk for more violence and litigation.

SEAPA is composed of the Center for Media Freedom and Responsibility (Philippines),the Alliance of Independent Journalists (Indonesia), the Institute for the Study of theFree Flow of Information (Indonesia), the Thai Journalists Association, and the PhilippineCenter for Investigative Journalism.

This report was produced with the help of CMFR, AJI, ISAI, and the TJA, and also SEAPAspartners from Cambodia, Malaysia, East Timor, and Burma, namely: the CambodianAssociation for the Protection of Journalists, the Centre for Independent Journalism(Malaysia), the Timor Leste Journalists Association, and Mizzima.com.

34 Southeast Asian Press Alliance


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Southeast Asian Press Alliance

Unit 3B, Thakolsuk Place, #115 Tetdumri RoadDusit, Bangkok 10300 ThailandTel. (662)2435579 | Fax (662)2448749

www.seapa.org | email: [email protected]

Empty Promises-seapa_state2009

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