recent ruling against South Sulawesi-based journalist Muhammad Asrul, who was charged under the defamation article of the Electronic Information and Transactions (ITE) Law, has sparked concern among civil groups over press freedom in the country.
Asrul was sentenced by the Palopo District Court in South Sulawesi on Nov. 23 to three months in jail for three articles that he wrote about a graft case allegedly involving Farid Kasim Judas, the son of the Palopo mayor, which were published on the online media outlet berita.news in May 2019.
Abdul Aziz Dumpa of the Makassar Legal Aid Institute (LBH Makassar), Asrul’s legal representative, told The Jakarta Post on Tuesday that an appeal had been lodged against the ruling. He added that the appeal was primarily based on the fact that Asrul’s articles were considered journalistic works, meaning that any disputes arising from the articles should be settled through the Press Council.
The Press Council declared on March 4, 2020, that Asrul’s articles fell within the category of a journalistic product and, therefore, recommended that the case be settled through the council, as mandated by the 1999 Press Law.
Alliance of Independent Journalists (AJI) head Sasmito Madrim said the court’s ruling had set “a bad precedent” and threatened press freedom, particularly as it ignored provisions set in the Press Law, adding that journalists should not be prosecuted for their work.
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“Law enforcement officials did not understand and ignore the 1999 Press Law because if we refer to the law, disputes from news coverage should be settled by the Press Council,” Sasmito said, adding that the provision had been reaffirmed in a memorandum of understanding (MoU) between the National Police and the Press Council.
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