1.

0 INTRODUCTION
Nowadays, many country in the world are doing a freedom reported and this are maybe
can danger to people because people more believe on press media. Many are murdered, others
are beaten, imprisoned, kidnapped, tortured and intimidated. The courage and commitment that
journalists display when bringing the news to their audiences is often astounding. Journalists
deserve the publics support because they defend the publics freedom.
n many occasions, these acts are carried out by organi!ed criminals, paramilitary
groups and other elements in society who do not want to see their activities e"posed.
#nfortunately, in many countries, such tactics of intimidation are also employed by the
authorities. $ublic officials often go to e"treme lengths to suppress information that portrays
them in bad light. They use censorship%in all its forms%to conceal corruption and
mismanagement from the public eye. &iti!en have a fundamental right to be fully informed on
the performance of their representatives and only a free and responsible press can guarantee
that the truth is freely disseminated.
More than five years since the terrorist attacks on the #nited 'tates in 'eptember ())*,
global responses to terrorism have contributed to an array of threats to freedom of e"pression
and the danger is +real, catastrophic and accelerating,, -uman .ights /atch has warned in its
())0 /orld .eport.
1rom 2ra3 to .ussia to the $hilippines, journalists are being treated as partisans, even
combatants, and are now more fre3uently targeted for attack than at any time in recent memory,
the organi!ation argues in special essay entitled +a 'hrink .ealm4 1reedom of 5"pression since
67**., 8Journalism Te"t 9ook4 ()*(:
+&ounterterrorism has given new vigor to some old forms of censorship, and created
new ones,, writes essay author ;inah $o<empner.
'ince 67**, a growing number of governments have introduced laws criminali!ing the
glorification of terrorism. 2n ())=, only three 5uropean countries had such laws. 9y mid%
November ())>, ?> countries had signed the &ouncil of 5urope &onvention on Terrorism,
which re3uires states to criminali!e +provocation, of terrorism, a crime that could include indirect
incitement.
The #nited <ingdom and ;enmark have recently adopted laws on promotion or
glorification of terrorist acts. 2n Turkey, a terrorist law was amended in ())> so that speech
characteri!ed as +propaganda, for terrorism was punishable. 2n .ussia, a similar law was
amended to punish speech that supports +e"tremism,. Meanwhile, hate speech is increasingly
becoming the rationale for imposing criminal or administrative sanctions against those thought
to be e"tremists.
$o<empner also argues that there is +reason to believe that both contemporary armed
conflicts and the so%called war on terror have rendered it more precarious than ever to be a
journalist.,
2n .ussia, it is nearly impossible for anyone to report on war%torn &hechnya and the
murder of @nna $olitkovskaya, perhaps the leading journalist on &hechnya coverage, shocked
many.
The war in 2ra3 has claimed more journalists lives than any conflict in recent memory. 2n
the realm of the 2nternet, governments are moving 3uickly to control and filter online information,
and new technologies are fueling an e"plosion of state surveillance, often justified in the name
of counterterrorism. 8Journalism Te"t 9ook4 ()*(:
-uman .ights /atchs /orld .eport ())0 contains information on human rights
development during ())> in more than 0A countries. 2t identifies many human rights challenges
in need of urgent attention, including ;arfur, 2ra3, North <orea, Myanmar 89urma: and
Turkmenistan. 8/-4 ())B:
DEFINITIONS
The possibility of being able to gather, prepare and process the news without
interference from the government and others 8news organi!ations7owners:.
Melvin Mencher4 +$ress freedom can be defined as the possibility of being able to gather
and prepare news and that processes involved in these activities are shielded from a prying
government and others,.
#niversal ;eclaration of -uman .ights, adopted by the #nited Nations on *) ;ecember
*6=B, which in its @rticle *6 states4
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart information and
ideas through any media regardless of frontiers.
1.1 TYPES OF PRESS FREEDOM
Three 8?: <inds of $ress 1reedom @ccording to ;atuk Mohd -amdan @dnan in his
article entitled +The Impact of edia !onvergence on "uman #ights, 8())0:, there are three 8?:
kinds of press freedom that the news media are e"pected to preserve. 1irst, freedom to know,
freedom to know means it enables the public to receive the information that they need to
organi!ed their lives and participate intelligently in governing. Then, freedom to tell, freedom to
tell means it enables media institutions to transmit information freely and argue publicity on
various issues. Castly, freedom to discover, freedom to discover means it refers to the right of
access to sources of public information, especially at a time where more governments are
providing services online.
$ress freedom restrictions are legislation or authorities or means control and ownership.
Cegislation or authorities 8control: are means the e"istence of laws or regulations on
publications an e"ample is a licenses. Then, ownership are means to the policies that the
organi!ation or the owners follow and other than that is gate keeping the content 8self%
censorship:.
1.2 JOURNALISM RIGHTS
Cimitation on Journalists .ights. ;o journalists have special rightsD No. Most human
rights documents contain provisions stipulating responsibilities and limitations on rights. The
#niversal ;eclaration of -uman .ights 8#-;.: says rights and freedoms can be limited. This
can found in @rticle (64
$or the purpose of securing due recognition and respect for the rights and freedoms of
others and of meeting the %ust re&uirements of morality, pu'lic order and the general welfare in
a democratic society.
'ome people argue that there are genuine instances when rights should be restricted to
preserve peace but many states7governments interpret limitations so broadly, they strangle free
media. &onstraints to Journalism $ractice, journalism does not e"ist in a vacuum. Journalists
work within a range of constraints and influences, including structural factors that affect their
output. Media theorists argue that journalists Ehave to make decisions at the centre of a field of
different constraints, demands or attempted uses of power or influence.
These range from legal constraints and regulatory codes of practice to the less visible
influence of proprietors, organi!ation routines, market forces, cultural bias, patriotism,
professional ethos, even a gender, racial or class imbalance in the workforce.
1urther constraints F time, sources, subjectivity, audience, style, advertisers F are
addressed in ;avid .andalls suggestion that every newspaper might consider publishing the
following disclaimer4
+This paper, and the hundred thousand of words it contains, has 'een produced in a'out
() hours 'y a group of falli'le human 'eings, working out of cramped offices while trying to find
out a'out what happened in the world from people who are sometimes reluctant to tell us and,
at other times, positively constructive. Its content has 'een determined 'y a series of su'%ective
%udgments made 'y reporters and executives, tempered 'y what they know to 'e the editor*s,
owner*s and reader*s pre%udices. +ome stories appear here without essential context as this
would make them less dramatic or coherent and some of the language employed here has
'een deli'erately chosen for its emotional impact, rather than its accuracy. +ome features are
printed solely to attract certain advertisers. 8.andall4 ())):
Journalists work in a field of conflicting loyalties, all of which have the potential to
influence their work. They may feel a sense of duty towards their audience, editors, advertisers,
proprietors, the law, regulatory bodies, contacts, colleagues, fellow citi!ensG and to themselves
and their families.
;ennis McHuail highlights Ethe tension arising from the following oppositions at the heart
of media%making are constraint versus autonomy, routine production versus creativity,
commerce versus art and profit versus social purpose. 8McHuail4 ())):
There are arguments that a free press 8social purpose: is impossible in a free market,
because market forces 8profit: work against the objective of supplying the public sphere with a
reasoned discourse. -owever, market forces are not the only pressures at work as the relations
between media organi!ations and their operating government are governed not solely market
forces or political power but also by unwritten social and cultural guidelines.
The constraints and influenced discussed above need to be understood not as totali!ing
systems imposing on journalists certain way of doing thingsG rather they are a range of
sometimes conflicting influences, some more powerful than others and some more powerful at
certain times, with a tendency to influence journalists in certain ways. &onstraints on journalists
are subject to counter%pressures and can be negotiated and resisted as well as accepted.
The influence of advertisers, the interests of advertising can influence journalistic
product, although such influence does not normally take the form of advertisers threatening to
take their money elsewhere unless they receive favorable editorial coverage. ;irect intervention
by advertisers happens occasionally but a more prevalent influence is that the content patterns
of media are matched to the consumption patterns of target audiences.
&ommercial media operate in a Edual product market in which the media product sells
itself to consumers and also sells its audience to advertisers. Mass circulation newspapers
demand a mass readership for mass advertising, while the E3uality press depends on delivering
smaller target audiences for more niche advertising markets.
2.0 EXAMPLE OF PRESS FREEDOM
2.1 MALAYSIA PRESS FREEDOM
&onsiderations for the control of the press in Malaysia, there are newly emergent nation
and Malaysia is still considered a new country. Then, it needs time to develop are being a
considerably new, the country is still in the process of developing and this takes time. Ne"t,
Mass media must not touch upon sensitive issues an in accordance with @rticle *) of Malaysias
constitution 8especially on the subject of language, race and religion:. Castly, role of the media is
to support the government, the media is e"pected to help smooth the management and
development plans of the government and this is achieved through the contents in the media,
either directly or indirectly. $ress freedom trends in Malaysia in the past, in the past the
Iovernment has taken steps to ensure that all newspaper and broadcasting stations are owned
by Malaysians close to the government. 5"ample, The New 'traits Times group has close ties
with the countrys political party, the #nited Malays National rgani!ation or #MN. The latter
also owns ,tusan alaysia.
The editors awareness of what the Iovernment will allow is such that they tend to
practice self%censorship, and to steer clear of investigative reporting. $ages are filled with
government speeches and campaigns, with the opposition being ignored. There is relatively
little foreign news and a high proportion of each paper consists of government press releases.
There is little direct censorship of incoming maga!ines and newspapers, although on
rare occasions an article on Malaysia is either blacked out or cut out. #nder the &ontrol of
2mported $ublications @ct, the Iovernment may keep out any publication it considers prejudicial
to public order, public morality or the security of the country. No newspapers or periodicals
produced in 'ingapore are allowed in.
The @ct has also been used against Time, -ewsweek and the $ar Eastern Economic
#eview. The Iovernment has been known to show its displeasure by delaying a publication at
customs. The @sian /all 'treet Journal was held up for several weeks in *6B(.
fficial pressure on the media can be great. $oliticians and government officials have
been known to label newspapers and senior journalists as +thoughtful, if they are pro%
government and +irresponsible, if they are anti%government. n occasion, the -ome Ministry or
a government department has called in erring reporters for a stern lecture.
The +tar, still by and large editorially independent, received a letter from the ;eputy
-ome @ffairs Minister in *6B0 warning it against what the Iovernment viewed as issues that
could heighten racial tensions 8perasi Calang:. The +tar J .atan subse3uently had its permit
suspended in ctober *6B0 for publishing racially%infused contents that could incite a repeat of
the May *?
th
*6>6.
2n spite of protests and criticisms from lawyers, journalists and other concerned groups,
the Iovernment sponsored a controversial bill passed in $arliament that strengthens the law
against leaks of +official secrets,. The bill tightens the screws on the fficial 'ecrets @ct 8'@:
by making a jail sentence mandatory for those convicted under the @ct.
.eactions to the '@ have been lively and varied. @ccording to the then ;eputy $rime
Minister4 +&ritics of the '@ should not put fear and doubts into the minds of the people and
should not paint a grim picture of the situation in the country if the 9ill is passed. The
Iovernment will continue to be liberal and the people free to critici!e it, but they cannot leak
Iovernment secrets.,
The @ttorney%Ieneral at that time said4 +$ublishers deserve what they get if they publish
articles which they know to be documents that are official secrets. The law will not be
abused.,2n addition to the '@, there are other ways of controlling the press. ne of them is
the printing and publishing permit, which re3uires all periodicals to have their licenses renewed
each year.
@nother restriction on the press is to be found in the *60* amendments to the 'edition
rdinance, which forbids any discussion of the 9ahasa Malaysia language policy, the special
rights granted to the 9umiputras under the 'econd Malaysia $lan, the special roles of 'ultans
and other royalty, and the citi!enship policy relating to non%9umiputras.
2t is clear than that the situation of the press in Malaysia is not an easy one. Malaysian
news organi!ations are owned by groups close to government circles. 9ecause of this, they
have direct or indirect obligation not to take a stand against government policies.
1oreign $ublications @ppeared Trying to ;estabili!e Malaysia
n several occasions, the $rime Minister has critici!ed foreign publications, especially those
which appeared to be trying to destabili!e Malaysia. &iting the -ew /ork Times as an
e"ample, ;r. Mahathir 3uestioned the editorial objectivity of +all the news thats fit to print,4
0oes it mean that items that are not printed are not fit to print1 .hat right do these people
have to talk a'out media control 'y other groups1 y point is that no newspaper is free, not
even the ,+, where many of the %ournalists who critici2e the alaysian 3overnment*s alleged
press controls come from. The important thing is not whether or not a newspaper is free 'ut
whether such an influential tool is used for the purposes of good.
Present Maa!s"an Press Free#$% Tren#s
n May ? ())>, /orld $ress 1reedom ;ay, AB* journalists presented an unprecedented
petition to then ;eputy $rime Minister and -ome Minister ;atuk 'eri @bdullah @hmad 9adawi,
calling for an end to publishing restrictions. +2 shall read it. 2 will let you know,, ;atuk 'eri
@bdullah told the group.
Malaysia is certainly the @sian country where 2$2 has registered the biggest
improvements in ())A, as far as human rights and press freedom in particular are concerned
but declined slightly in ())>.
;atuk 'eri @bdullah @hmad 9adawi took over the position of $rime Minister in ctober
())?, when Tun ;r Mahathir Mohamad, @sias longest%serving elected leader, finally retired
after (( years.
2n March ())=, ;atuk 'eri @bdullah won a landslide victory in parliamentary and
regional elections and was sworn in for a five%year term, after promising more democracy, less
corruption, greater transparency and a shake%up of the police force.
bservers agree that the new government, that said one of its goals was to +be among
the worlds top *) countries, in terms of human rights, seems to be slowly but surely living up to
his promises.
2n contrast to his predecessor, @bdullah has been described as self%effacing and called
the +Mr. Nice Iuy, of Malaysian politics.
+The atmosphere now is more rela"ed. There is more openness in government and
reporters have greater access to officials, members of parliament, policeKeven for alaysiakini
reporters. There is greater tolerance for and willingness to debate,, said Journalist &laudia
Theophilius, who works for the news website alaysiakini.com.
The biggest changes have been noted in the government%controlled mainstream media,
which are carefully testing their limits. +-ard%hitting editorials, investigative reports, fresh
layouts and coverage for opposition political parties are part of the new look,, reported 9aradan
<uppusamy in 'eptember on the +outh !hina orning 4ost.
@lso unprecedented was the full%page interview with parliamentary opposition leader Cim
<it 'iang published by the newspaper -ew +traits Times which is close to the government. 2n
the interview, the politician took the opportunity to attack the government for detaining people
without trial. This would be unthinkable in the past.
2n @ugust, TL?, a government%linked station, even aired a poll showing the government
losing a key by%election.
2n a survey conducted by 1reedom -ouse, Malaysia has improved in its freedom rating.
2n ())=, Malaysia was classified as +Not 1ree,. 2n ())A and ())>, Malaysia was classified as
+$artly 1ree,.
/hile it is true that the attitude of the government has changed and people can feel it,
many of the laws are still in place.
@ classic e"ample of the laws being implemented is the succession that followed the
controversial publication of $rophets Muhammad s.a.w. images in *( cartoon versions by
5ylland64osten, a ;anish newspaper on ?)
th
'eptember ())A.
2n 1ebruary ())>, the Malaysian government ordered the indefinite suspension of the
5nglish%language The +arawak Tri'une for reprinting the controversial cartoons in an article
+!artoon -ot uch Impact "ere,. Cater, the &ommittee to $rotect Journalists 8&$J: condemns
the Malaysian governments suspension for two weeks of the publishing permit of the &hinese%
language 7erita 4etang +arawak newspaper for reprinting controversial cartoons depicting the
$rophet Muhammad.
The publishing permit of the &hinese%language 3uang ing #i'ao daily was suspended
for two weeks for publishing a picture of people reading a newspaper with the caricatures. 5ven
The -ew +traits was also put in a tight spot by the government for duplicating the cartoon
although, according to N'T, its only intention was to inform the Malaysian Muslims how the
images looked like.
95.N@M@ said $rime Minister @bdullah @hmad 9adawi, who is also 2nternal 'ecurity
Minister, cited the $rinting $resses and $ublications @ct *6B=, which bans printing or
distributing material that could harm public peace and security, to close down The +arawak
Tri'une.
+Iovernment actions to close newspapers in Memen and Malaysia are disturbing,, &$J
5"ecutive ;irector in ())> @nn &ooper said. +/hile we understand this issue is deeply
sensitive, the solution cannot be found in silencing newspapers, at least some of which printed
the cartoons as a way to provide conte"t and understanding.,
/hile Malaysias press is tightly controlled, the closing of the +arawak Tri'une marks
the first time in almost () years that the Malaysian government has resorted to shutting down a
newspaper, according to local media reports.
2n ())B, Malaysia begins taking actions on bloggers whose posts on their respective
websites are considered to be a threat to national security. The best e"ample is the owner of
the website alaysia Today, .aja $etra <amarudin 8$.<: who was arrested under the 2nternal
'ecurity @ct 82'@: for his comment in an article entitled NI 4romise to 'e a good, non6hypocritical
uslimN allegedly used sentences that insulted Muslims.
844E-0I9: .orld 4ress $reedom 4review
+tatistics on 5ournalists ;illed, issing and Imprisoned .orldwide are provided in power point
slides.
2.2 INTERNATIONAL PRESS FREEDOM
CHINA
&hina is the worlds biggest prison for journalists, bloggers and cyber%dissidents. Most of
the around one hundred prisoners have been sentenced to long jail sentences for +subversion,
or +divulging state secrets, and are held in harsh conditions, with journalists often being put to
forced labour. The local authorities, fearful of bad publicity from reports on corruption and
nepotism, continue to arrest journalists.
1or their part, the political police concentrate their efforts on human rights activists. 1irst
dissident -u Jia then academic Ciu Oiaobo, who was sentenced in ;ecember ())6 to a long
prison term for online posts, were imprisoned for their involvement in the launch of &harter )B
that was signed by thousands of pro%democracy activists. More than one hundred of the
signatories have been arrested, threatened or summoned by the political police from one end of
the country to the other.
The communist party has marshalled massive financial and human resources to keep
control over news. Most international radio news programmes in &hinese, Tibetan and #yghur
are scrambled via hundreds of aerials positioned throughout the country. Thousands of
websites are blocked and tens of thousands of cyber%police and cyber%censors constantly
monitor the /eb to purge it of +immoral and subversive, content. @ll this while the government
bolsters its propaganda output by throwing money at a multiplicity of official media, particularly
the Oinhua news agency and the broadcast group &&TL.
The ())B 9eijing lympics were the focus of unprecedented news control. +&riminal
censorship, stifled the scandal of milk contaminated with melamine during the games. The lives
of children could undoubtedly been saved if the press had been given permission to warn the
public about this health risk. /hat can one e"pect during the 'hanghai #niversal 5"hibition in
May ()*)D
nce the games were over, the liberal press was able to resume its work of condemning
some abuses by the government and companies. 9eijing News for e"ample investigated forced
admissions of petitioners to psychiatric hospitals. 9ut it is still dangerous to lay blame against
the powerful, including financial players, such as the @gricultural 9ank of &hina, which at the
end of ())B managed to get the licence suspended of the financial weekly &hina 9usiness
$ost. @ll media have to obtain a licence from a state body.
Ciberal weekly Nanfang Phoumo suffered a new purge after its editor did an interview
with #' $resident 9arack bama that angered 9eijing. .enowned investigative journalist, -u
'huli, left the maga!ine &aijing after coming under pressure from the owner, who wanted to
appease the authorities. 'he said at the end of the year that she would be taking on the
editorship of a new title.
The entire &hinese media was forced to ignore dissident voices, on the eve of the ()th
anniversary of the June *6B6 pro%democracy movement and the >)th anniversary in ctober of
the founding of the $eoples .epublic. 'everal foreign correspondents were arrested or
harassed. 2n the same way, journalists can only relay propaganda hostile to the spiritual
1alungong movement, whose television station NT;TL and news websites are inaccessible in
the country.
The authorities continue to bank on censorship but also invest in propaganda, combined
with efforts to modernise the media but always in the interests of the communist party line. The
authorities pay thousands of +little propagandists, to spot subversive content online. &hina also
wants to compete with international television channels by creating a +&hinese%style &NN,,
because, according to the director of the propaganda department, Ciu Munshan +it has become
vital that &hina should act to ensure that its communication capacity is in step with its
international prestige,. -owever the credibility of these media is brutally e"posed when #'
$resident 9arack bamas inauguration speech was censored at the point when he mentioned
the 3uestion of +support for dissidents,.
@ tough crackdown has been applied in Tibet and Oinjiang against anyone attempting to
get out accounts, particularly footage, showing violence by security forces. 'cores of Tibetans
and #yghurs have been detained, some of them given life sentences, for sending information
abroad or trying to provide news differing from the party line. The local press, especially the
Tibet ;aily puts out virulent propaganda to the effect that &hina is engaged in a +life and death
class struggle, against the +cli3ue of the ;alai Cama and hostile western forces,.
;espite strict laws and the self%censorship imposed on companies in the sector, the
2nternet is a freer space than the press. 9loggers and 2nternet users in general post news that is
not printed by the media and help to shape public opinion. n occasion the official media
becomes the target of such derision for failing to report on major events, including the fire at the
&&TL comple" at the start of ())6, that they are forced to raise some sensitive issues.
The foreign press is supposed to enjoy freedom of movement and interview rights F one
of the very few achievements of the lympic period F but as soon as foreign correspondents
begin to take an interest in delicate matters like Tibet, dissidents or the @ids epidemic, they find
themselves obstructed and even the target of violence. The 1oreign &orrespondents &lub of
&hina 81&&&: recorded *0B cases of interference with foreign media during ())B, >? of which
were during the holding of the lympics.
The authorities threatened several foreign correspondents with non%renewal of their
press visas at the end of ())6. 2n tandem with this, the nationalist daily Ilobal Times led a
press campaign against foreign media, particularly Ierman and 1rench, accusing them of
hostility towards &hina.
The authorities seek to limit damaging foreign press coverage by leaning on the
correspondents &hinese assistants, forcing them to register with a semi%official body or by
intimidating their sources of information. 'everal &hinese people have been jailed simply for
replying to 3uestions from foreign media.
INDIA
@rticle *6 of the constitution guarantees freedom of e"pression as long as it is not used
to oppose 2ndias +sovereignty and integrity., n the whole, journalists are free and know how to
defend their rights on the streets or in the courts.
Nonetheless, the gulf between different parts of 2ndia is growing. 2n New ;elhi journalists
enjoy freedom and safety but in the central state of &hhattisgarh, for e"ample, where the rule of
law has broken down, they are increasingly e"posed to obstacles and dangers including
impunity, police abuses and the powerful local officials. 2n the fre3uent armed clashes between
Na"alite 8Maoist: guerrillas and the security forces, journalists in &hhattisgarh are often
branded as +traitors, by the guerrillas and as Maoist supporters by the police.
The northernmost state of Jammu and <ashmir, which is mired in a border dispute with
$akistan, is a taboo subject for the authorities. 2n May ()**, for e"ample, they sei!ed ?),)))
copies of The Economist because it included a map of the region that was deemed to
undermine 2ndias territorial claims. $olice violence is the biggest problem for the states media.
The security forces, which constantly clash with separatists and street demonstrators, often
crack down violently on the media, accusing them of throwing oil on the flames. The security
forces, especially the &entral .eserve $olice 1orce, fre3uently abuse the powers they are
granted by the @rmed 1orces 'pecial $owers @ct and ;isturbed @reas @ct, but their violence is
rarely punished.
Two news photographers, one of them a foreigner, were arrested and beaten by the
police while covering clashes between police and demonstrators on *6 @ugust ()** in the
Nowhatta district of 'rinagar, the state capital. 9oth had to be hospitali!ed. Two days before
that, a religious programme on privately%owned <=.> 7ig $ was suspended without prior
warning and its host,Mohammad #mar 1aroo3, a religious leader and chairman of one of the
-urriyat &onference factions, was placed under a broadcasting ban.
.egular enforcement of a curfew in several cities including 'rinagar has a drastic effect
on the free flow of information and journalists ability to work. Newspapers are sometimes
unable to print for weeks at a stretch, as was the case with the dailies 3reater
;ashmir and #ising ;ashmirin 'eptember ()*).
The murders of #mesh .ashput and Jyotirmoy ;ey in ()** highlighted the threat to
investigative reporters from criminal groups. .ashput, a reporter for -ai 0uniya, was gunned
down in &hhattisgarh by two masked men on a motorcycle on (? January. Jyotirmoy ;ey, an
investigative journalist with id60ay who speciali!ed in organi!ed crime, was shot dead in
Mumbai on ** June. The niece of a journalist in 9ulandshahr 8in the northeastern state of #ttar
$radesh: who edits the monthly 5ungsatta was kidnapped in June ()** and raped by gang
members, who mistook her for his daughter. @ttacks like these fuel a climate of fear and tend to
encourage self%censorship.
The most influential neti!ens are also e"posed to physical violence. 9logger and .ight to
2nformation activist 'hehla Masood was shot dead outside her home in the central city of
9hopal on *> @ugust ()** as she was about to attend a demonstration in support of @nna
-a!are, a civil society leader and anti%corruption campaigner who had been arrested earlier that
day.
2nternet use is e"panding rapidly. 2ndias *)) million 2nternet users are e"pected to
increase to around ?)) million by ()*=. /ireless 2nternet, especially mobile phone 2nternet, is
also developing 3uickly as the price of smartphones fall. 9ut online free e"pression is
threatened by new +2T .ules, that the authorities announced in May ()**. #nder one of the
re3uirements, 2nternet companies would face prosecution if they failed to withdraw offensive
content within ?> hours of being notified by the authorities.
@ccording to the Ioogle Transparency .eport website, which logs the content removal
re3uests that Ioogle receives from governments, Ioogle received >0 re3uests from the 2ndian
government for the removal of a total of (B( content items 8such as videos critical of politicians:
from MouTube and blogs from July to ;ecember ()*). Ioogle said it complied with (( per cent
of the re3uests.
1inally, some foreign reporters are systematically denied press visas as if they had been
blacklisted. Two 'wedish journalists were refused visas after covering social problems in 2ndia.
The #' journalist ;avid 9arsamian, founder and director of @lternative .adio, had planned to
interview a political activist in 2ndia in 'eptember ())** was denied entry on arrival. -e had
done a report on <ashmir during a previous visit.
INDONESIA
$hysical attacks on media personnel are rare but often violent when they do occur. +un
T? cameraman .idwan 'alamun was beaten to death by villagers in the eastern province of
Maluku in ()*). @ court in Tual recently ac3uitted three men of his murder. Three other
journalists were killed the same year in circumstances that suggest their deaths may have been
linked to their work. 9anjir @mbarita, a 5akarta 3lo'e reporter based in Jayapura, the capital of
the eastern province of $apua, was badly injured when two men on a motorcycle stabbed him in
March ()**.
The constitution and press law are supposed to guarantee free e"pression but
journalists can still go to jail for press offences under the archaic criminal code. 5rwin @rnada,
former editor of the 2ndonesian version of 4lay'oy maga!ine, spent eight months in prison
before the 'upreme &ourt 3uashed his two%year sentence on a charge of indecency in June
()**. @ Jakarta court ordered 3aruda aga2ine, the national airline Iarudas in%flight
maga!ine, to pay *(.A billion rupiah 8more than a million euros: in damages to -utomo
NTommyN Mandala $utra, the ;ictator 'uhartos youngest son, in May ()** for referring to him
as a Nconvicted murdererN in an article although he was indeed convicted of murder in ())(.
The case shows the preferential treatment that much of the 2ndonesian political and business
elite e"pects to receive from the media.
The environment is a sensitive and dangerous subject. The main obstacle to
independent coverage of environmental damage is the tendency for local officials to be in
league with big business, including logging and mining companies. @ccording to an 2ndonesian
reporter, they use a Ncarrot and stickN policy, bribing journalists who might be tempted to cover
bad environmental practices and intimidating those who cannot be bought off. @rdiansyah
Matrais, an investigative reporter for erauke T? in $apua province, apparently committed
suicide in July ()*) after being threatened by soldiers because of his coverage of illegal
logging.
Journalists in the provinces of 'umatra, Jambi and .iau say leading companies manage
to suppress most critical articles by applying pressure or by paying local journalists +subsidies.,
2n Jambi province, the 'inar Mas conglomerate is said to often resort to intimidation against
media that take too close an interest in its activities. 2n March ()*), for e"ample, Muhammad
#sman, a local reporter for radio @A", was arrested by 'inar Mas security agents near the Tabo
Multi @gro plantation.
@ccording to the main 2ndonesian journalists organi!ation, @liansi Jurnalis 2ndonesia
8@J2:, companies such as .iau @ndalan $ulp and $aper 8.@$$: and 'inar Mas, which are
linked to #', 5uropean and &hinese multinationals, have an Ninvisible handN in many local and
national publications because it is the only way for them to avoid fre3uent front%page stories
about the very negative impact of their activities on the environment.
The still powerful armed forces refuse to recogni!e their crimes although investigations
into the murders of foreign reporters in 5ast Timor, including the ;utchman 'ander Thoenes in
*666, and five 9ritish and @ustralian reporters in *60A, has established the involvement of
2ndonesian military officers.
2ndependent radio and TL stations are popular. -undreds have been launched and most
of them are able to operate freely. ne e"ception is #adio Era 7aru, which had been harassed
ever since it was launched ())A, apparently for broadcasting programmes in Mandarin
critici!ing human rights abuses in &hina. 2t was closed by the police in 'eptember ()**
although an appeal was still pending against manager Iatot Matchalis conviction the previous
month on a charge of broadcasting without permission and disrupting neighbouring fre3uencies,
for which he was sentenced to si" months in prison and a fine of A) million rupees 8A,)))
euros:.
2n July ()**, communication and information minister Tifatul 'embiring demoni!ed
social networks, which have become very popular in 2ndonesia along with smartphones and are
seen as potentially +destabili!ing, by the government. 9laming the @rab 'pring uprisings on the
influence of online social media, 'embiring suggested that governments needed to have better
control of the 2nternet. /ith =) million 1acebook users, 2ndonesia is second only to the #nited
'tates in users of this social network.
The government also tries to filter out pornographic and blasphemous online content.
@ccess to websites with such content has been blocked for 2ndonesias ( million 9lack9erry
owners since January ()**. The government has also told the 9lack9errys manufacturer that
all messages between 9lack9errys in 2ndonesia will have to be channelled through a server
located in the country. This will allow the government to monitor communications and interrupt
services if it feels the need.
THAILAND
The press is much freer in Thailand than in neighbouring countries. The main 5nglish%
language newspapers 8The -ation and 7angkok 4ost: and the Thai%language ones 80aily
-ews, ;om !had Buek, Thai #ath, atichon and ;haosod: enjoy a great deal of freedom
e"cept on one subject, the monarchy. &riticism of the royal family is a taboo. Most journalists
e"press the same reverence for <ing 9humipol as most of the population. The rest have to
censor themselves.
The political turmoil in ()*) affected the media. Two foreign journalists were fatally shot
in 9angkok while covering clashes between the army and the #nited 1ront for ;emocracy
@gainst ;ictatorship, better known as the +.ed 'hirts,4 -iroyuki Muramoto, a Japanese
cameraman working for #euters, on *) @pril ()*), and 2talian freelance photojournalist 1abio
$olenghi, during an army assault on .ed 'hirt protesters on *6 May ()*).
&aught between the two main political coalitions, journalists did not stop been harassed
when the clashes ended. @ month before the national assembly was dissolved in May ()**, ten
community radio stations with .ed 'hirt links in the 9angkok area were raided. Two months
after the oppositions victory in the July ()** elections, !hannel > TL reporter 'omjit
Nawakruasunthorn was the target of an intimidation campaign by .ed 'hirts, who accused her
of addressing the new prime minister, Mingluck 'hinawatra, inappropriately in an interview.
Journalists safety is also compromised in the south of the country where an 2slamist
rebellion continues to be responsible for bombings. @lthough the new government announced
that it would ree"amine lQse%majestR cases, it has made no effort to end arbitrary use of lQse%
majestR charges under article **( of the criminal code, which in practice is a political censorship
tool. #nder this article any defamatory, insulting or threatening comments about the king,
3ueen, crown prince or regent are punishable by up to *A years in prison.
&hiranuch $remchaiporn, the editor of the 4rachatai news website, is facing a very
uncertain future. 'he was arrested on ?* March ()*) in connection with several lQse%majestR
complaints which, if they lead to a prosecution, could potentially result in a sentence of up to A)
years in prison. @t the same time, she is currently being tried in a separate case on charges of
violating articles *= and *A of the ())0 &omputer &rimes @ct.
The state of emergency that was decreed in ;ecember ()*) has been replaced by an
2nternal 'ecurity @ct that makes it easier for the government to censor the 2nternet. /ith about
?) per cent of the population connected to the 2nternet, the Thai blogosphere is very active and
online activity is closely monitored. The justice ministry created a cyber%scouts unit at the end of
()*) to look out for +illegal, online content. 9etween B),))) and =)),))) #.Cs were reportedly
blocked in January ()**. @lternative news websites suspected of .ed 'hirt links are often
censored and critici!ing the government in a blog often leads to lQse%majestR charges.
'urapak $huchaisaeng and @mpon Tangnoppakul were among the first neti!ens to be
arrested for lQse%majestR after the new government took over. 'urapak, =), was arrested on (
'eptember ()** in connection with photos, videos and messages he had allegedly posted on
1acebook. @mpon was arrested on ? @ugust ()** in connection with the 'M' messages he
had allegedly sent to a government official. Thanthawut Thaweewarodomkul, who was
sentenced to *? years in prison on a lQse%majestR charge in March ()**, is awaiting the
outcome of his appeal in a (A%s3uare%metre cell with around ?) other inmates amid an appalling
lack of hygiene.
@ll this suggests that the Thai states repressive policies will continue. The conviction
rate is still about 6A per cent. 'everal citi!ens continue to be detained, in most cases for
violating the &omputer &rimes @ct.
Case $& Press Free#$% "n Maa!s"a.
$ress freedom remained restricted in Malaysia in ()*(, with both positive and negative
developments in the legal sphere and a number of attacks on journalists who attempted to
document large protests. The ruling 9arisan Nasional 89N: coalition made minor improvements
to two e"isting laws affecting the press, but it also passed an amendment to another law that
e"panded liability for illegal internet content.
The constitution guarantees freedom of e"pression under @rticle *), but allows for a host
of limitations to this right. The 'edition @ct and harsh criminal defamation laws are regularly
used to impose restrictions on the press and other critics of the government. Liolations of these
laws are punishable by several years in prison. 2n @ugust ()*(, a blogger and opposition
politician was sentenced to three months in jail for contempt of court in connection with articles
that were deemed to have defamed a government minister. @n amendment 8**=@: to the
5vidence @ct that took effect in July drew particular criticism from media freedom activists, as it
made those who own, host, edit, or administer websites, blogs, and online forums liable for
content published through their services, including seditious comments. pposition to the
amendment led to the designation of @ugust *=, ()*(, as +2nternet 9lackout ;ay,, in which a
host of news websites, bloggers, and civil society organi!ations, including the highly respected
Malaysian 9ar &ouncil, pledged to either take down their websites for the day or support a pop%
up window to promote the 'top **=@ campaign.
2n July ()*(, $rime Minister Najib .a!ak kept a promise made in the wake of a July
()** rally for free and fair elections to repeal the 2nternal 'ecurity @ct 82'@:, which allowed
detention without trial and had been used in the past against members of the press and
opposition figures. -owever, the ruling 9N replaced the 2'@ with the new 'ecurity ffenses
8'pecial Measures: @ct 8''M@:. The new law grants suspects the right to a fair trial, but it
nevertheless permits (B days of initial police detention, after which the attorney general must
decide whether to prosecute.
@lthough the opposition%controlled states of 'elangor and $enang passed freedom of
information laws in ()**, Malaysia has no federal law with such guarantees, and officials
remain reluctant to share even innocuous information with journalistsSincluding the content of
bills to be tabledSfor fear of being charged under the fficial 'ecrets @ct 8'@:. 2n July ()*(,
blogger 'yed @bdullah -ussein al%@ttas was detained under the '@ after a group of ?) people
complained about his controversial posts on the sultan of Johor. 'ome of the posts included
documents supporting the bloggers claim that part of the fortune left by the late 'ultan
2skandar, who died in ()*), was embe!!led.
2n keeping with another promise by the prime minister, the 9N reviewed e"isting media
licensing and censorship laws in ()*(. @n amendment to the *6B= $rinting $resses and
$ublications @ct 8$$$@: that took effect in July repealed a provision that had re3uired all
publishers and printing firms to obtain an annual operating permit. -owever, the revision left all
other restrictions in place, including the governments authority to grant or deny license
applications and to revoke the re3uired licenses at any time without judicial review. The -ome
@ffairs Ministry may likewise continue to issue +show cause, letters, which re3uire newspapers
to e"plain certain articles or face suspension or revocation of their permits. 2n 1ebruary, the
ministry issued such a letter to the 'tar, an 5nglish%language daily, for publishing a photograph
of singer 5rykah 9adu that included a tattoo of the @rabic word @llah. The letter was issued
despite the fact that the paper had already removed the photograph from its website and
apologi!ed. Two editors were indefinitely suspended as a result, and the singers concert was
canceled. The *6BB 9roadcasting @ct allows the 2nformation Ministry to decide who can own a
broadcast station and what type of television service is suitable for the Malaysian public, leading
to considerable self%censorship among broadcast journalists.
2n ctober, a Malaysian -igh &ourt ruled against the -ome @ffairs Ministrys refusal to
issue a publishing license to the news website Malaysiakini, in effect giving the outlet
permission to publish a daily print edition. The ministry had argued that the license was +a
privilege,, not a right, but -igh &ourt judge @bang 2skandar ruled that the ministrys decision
was +improper and irrational, and e"ceeded the limits of its jurisdiction. The judge also noted
that the right to a permit was a freedom of e"pression issue and as such was +a fundamental
liberty enshrined in the constitution., Malaysiakinis attorney called the decision +very, very
significant,, adding that the ruling will make it more difficult for the government to refuse license
applications, as officials will be re3uired to show that a proposed publication would be immoral
or a threat to public order or national security. The ministry appealed the ruling.
$hysical harassment and intimidation are usually less of a danger for journalists in
Malaysia than arbitrary arrest or threats of legal action. -owever, several instances of physical
harassment were noted in ()*(, including attacks on two journalists in $enang who were
covering a public protest against the construction of a rare%earth%metals plant in the state of
$ahang by @ustralian mining company Cynas &orporation. @dam &hew and Cee -ong &hun of
the local &hinese%language daily <wong /ah Mit $oh were both injured in anti%Cynas
demonstrations held in 1ebruary. @nother journalist was attacked while covering a protest on
the same issue in November. The &enter for 2ndependent Journalism 8&2J: noted that during an
@pril (B rally by 9ersih, the opposition%backed coalition calling for clean and fair elections,
journalists appeared to be targeted by the police, and counted *( cases of assault. ne of
these, an attack on .ad!i .a!ak of the 'un newspaper, resulted in hospitali!ation. /ong nn
<in, a photographer for the &hinese%language newspaper Iuang Ming ;aily, had his camera
confiscated and was beaten and briefly arrested by security forces. @lso during the 9ersih
protest, -arry 1awcett of Hatars @l%Ja!eera television network reported that police assaulted
his camera crew and damaged its e3uipment, while <oh Jun Cin, a photojournalist with
Malaysiakini, was temporarily detained.
@lthough the media industry is for the most part not under outright state control, the
majority of both print and broadcast outlets are controlled either by political parties in the ruling
coalition or by businesses with political connections. The largest media conglomerate, Media
$rima, which owns half of the Malay and 5nglish%language newspapers as well as many
television channels, is believed to be closely linked to the #nited Malays National rgani!ation
8#MN:, the leading party of the 9N. -uaren Management, which is associated with another
9N member, the Malaysian &hinese @ssociation, monopoli!es &hinese%language newspapers.
;espite the 9Ns insistence that mainstream newspapers are impartial, owners political and
business interests often lead to self%censorship by journalists. 1oreign print media are
occasionally censored or banned.
The internet remains a bright spot in the media landscape, with the government formally
committed to a policy of refraining from direct online censorship, through 'ection ?8?: of the
&ommunications and Multimedia @ct 8&M@: and the Multimedia 9ill of Iuarantees. /ith around
>> percent of the population accessing the internet in ()*(, Malaysia is home to many news
websites and blogs that offer competing points of view. @lthough not all of these internet news
organi!ations are politically independentSmany have suspected affiliations with politicians from
either the opposition or the ruling coalitionSthey nevertheless offer an array of political opinions
that cannot be found in the traditional media, and play a growing role in the media landscape.
'ocial%networking sites such as 1acebook continued to flourish in ()*(, hosting vigorous
debates on political issues and government policies. The internet has also been a place to
challenge corruption and other human rights concerns, though e"isting laws re3uire bloggers to
tread carefully.