58
Dictating the Internet:
Case of Jakarta Globe, Okezone.com and Harian Bangsa
In April 2009, the Police Chief of East Java, Chief Insp. Gen. Anton
Bachrul Alam announced that criminal defamation complaints had been
filed under sections 310 and 311 of the Penal Code against news outlets
Jakarta Globe, Okezone.com and Harian Bangsa following articles
they had published online which had reported on an election complaint
filed that day.
The complaint had been filed with electoral authorities alleging that
politician Edhi Baskoro Yudhoyono had been involved in election votebuying. The complaints filed against the news outlets were lodged on
the basis that the outlets had, in reporting on the election complaint,
defamed Edhi himself.175
The police chief thereafter announced charges had been dropped. One
journalist noted how this experience showed that even in cases in which
journalists had discharged their duties professionally and without bias,
“because of this defamation law, we can still be brought to court.”176
Singapore
In Singapore, civil defamation lawsuits have long been invoked
by representatives of the ruling People’s Action Party (PAP) – including by
former Prime Ministers Lee Kuan Yew and Goh Chok Tong and current Prime
Minister Lee Hsien Loong – to sue and seek hefty financial compensation in
terms of damages from individuals who express dissent.177 The systematic
use of these civil actions since the 1970s has resulted in curtailment of free
expression through the imposition of heavy financial burdens or outright
bankrupting of members of the political opposition, independent journalists,
local or international news outlets and ordinary individuals.178 In recent
175 Mail & Guardian, ‘Indonesian president’s son in vote-buying row’, 20 November 2019, Available at:
https://mg.co.za/article/2009-04-08-indonesian-presidents-son-in-votebuying-row
176 Human Rights Watch, ‘Turning Critics into Criminals – The Human Rights Consequences of Criminal
Defamation Law in Indonesia’, 2010, pp. 31, 32, Available at: https://www.hrw.org/sites/default/
files/reports/indonesia0510webwcover.pdf
177 For a single defamation suit, the Prime Minister has been awarded up to S$500,000 in damages
and Members of Parliament have been awarded up to S$210,000 in damages. See Po Jen Yap,
Constitutional Dialogue in Common Law, p. 117, footnote 64; See also Tsun Hang Tey, ‘Singapore’s
jurisprudence of political defamation and its triple-whammy impact on political speech’, 2008,
Public Law, pp. 452 to 462 (‘Tsun Hang Tey, 2008’; Cameron Sim, ‘The Singapore Chill: Political
Defamation and the Normalization of a Statist Rule of Law’, 2011, Pacific Rim Law & Policy Journal,
Vol. 20(2), pp. 319 to 353.
178 Tsun Hang Tey, 2008, pp. 452, 453, referring, inter alia, to Jeyaretnam JB v Lee Kuan Yew
[1978-1979] Sing.L.R. 197; [1979] SGCA 13; [1979] 2 MLJ 282; Lee Hsien Loong v Singapore