8 September 2004
TAKE ACTION! INDONESIA/THAILAND: DEFAMATION LAWSUITS SEEK TO SILENCE CRITICS
7 September 2004
ARTICLE 19 is calling on free expression advocates to send protest letters to the Indonesian and Thai governments, raising concerns over criminal defamation lawsuits that have been launched against Thai activist Supinya Klangnarong, the "Thai Post" newspaper and three journalists from the Indonesian magazine "Tempo."
The defendants face excessive fines and imprisonment in cases brought by Thailand's Prime Minister and a leading Indonesian businessman.
Read ARTICLE 19's press release for more information:
3 September 2004
ABUSE OF DEFAMATION LAWS IN INDONESIA AND THAILAND
ARTICLE 19 and its partner organisations in Southeast Asia condemn the civil and criminal defamation charges in Thailand against Supinya Klangnarong and Thai Post journalists, as well as the criminal defamation charges in Indonesia against Bambang Harymurti and Tempo journalists. In these cases the defendants risk excessive fines and even imprisonment in cases brought,
respectively, by the Prime Minister and a leading businessman.
In Thailand, Supinya Klangnarong, the Secretary General of the Campaign for Popular Media Reform (CPMR), and the Thai Post, face criminal and civil libel suits filed by Shin Corp, Thailand's largest telecommunication and mobile company, whose major stakeholder is Prime Minister Thaksin Shinawatra's family.
Shin Corp is asking for massive damages, approximately US$10million, from Supinya and the Thai Post on the basis that the challenged statements led to a loss of credibility in the stock market and to financial institutions downgrading its creditworthiness.
In an article in Thai Post on 16 July 2003, Supinya was quoted as saying that her research suggested Shin Corp was a major beneficiary of the PM's policies, noting a sharp rise in Shin's profits since Shinawatra took over in February 2001. The criminal charges will be heard on 6 September, followed by a hearing in the civil case on 11 October.
In Indonesia, Bambang Harymurti, editor of Tempo, and two of Tempo's reporters, Teuku Iskandar Ali and Ahmad Taufik, are being sued by Tommy Winata, a powerful businessman, for a 3 March 2003 article in Tempo. The article implied that Winata stood to profit from a February 2003 fire that destroyed the Tanah Abang textile market in Jakarta. All three defendants face possible imprisonment. The cases, which are part of a series of
defamation cases filed by Winata against Tempo and its staff, will also be heard on 6 September.
Criminal defamation charges, particularly where there is a threat of
imprisonment, and excessive civil defamation awards represent a breach of the right to freedom of expression. They send a negative message to all journalists and media organisations, exerting a chilling effect on freedom of expression and undermining the ability of the media to fulfil its role as watchdog of government and the powerful. This is a serious threat in the cases outline above, both of which involve allegations of significant public
interest.
We call on Shin Corporation and Tommy Winata to withdraw their charges in these cases. We also urge the judicial authorities hearing these cases to uphold the right to freedom of expression and of the press by dismissing the cases and by making it clear that neither imprisonment nor excessive damage awards will be imposed for defamation.
Finally, we call on the governments of Thailand and Indonesia to undertake an urgent review of their defamation laws, with a view to bringing them into line with international standards in this area. These countries' reputations as having some of the freest media in the region are being seriously tainted by these cases.
The sixth of September is an important date for both the Thai and the Indonesian defendants. Supinya and the Thai Post journalists will enter their plea on the criminal defamation charges and, if found guilty, could face up to two years' imprisonment. A decision is expected on the same date in the Tempo cases. If found guilty, the defendants in that case also face up to two years in jail.
We call on advocates of freedom of expression and of the media to send a protest letter to the following:
Supinya and Thai Post cases:
* your country's embassy in Thailand
* PM Thaksin Shinawatra:
Office of Prime Minister (Public Relations Department)
Rama VI Rad, Soi 30
Bangkok 10400
Thailand
Fax: 66-2-6182358
* Shin Corp:
Mr Boonklee Plangsiri
Chief Executive Officer
Shin Corporation Public Company Limited
414 Phaholyothin Road
Phayathai, Bangkok
Thailand
Fax: 66-2-2995039
Tempo cases:
* your country's embassy in Indonesia
* President Megawati Soekarnoputri:
Office of the President
Bina Graha, JalanVeteran No. 1
Jakarta Pusat, Indonesia
Fax: + 62 21 526 8726
For more details about the cases, see:
- ARTICLE 19: http://www.article19.org
- Southeast Asia Press Alliance: http://www.seapabkk.org/
- Committee to Protect Journalists: http://www.cpj.org/news/2004/Indonesia07sept04na.html
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