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Indonesia's Constitutional Court has reversed a law that gave the attorney general's Office the power to ban books. Rights activists1 and authors hail the verdict as a victory for free expression, but some officials say curbs2 on free speech are still necessary in this young democracy.
Indonesia has become one of Southeast Asia's most vibrant3 democracies since autocratic President Suharto resigned in 1998. The government has removed many limits on free expression and the press ranks among the most open and diverse in the region.
But several authoritarian4 regulations remain in place. Until recently one law allowed the attorney general's office to ban books. Since Indonesia's first direct elections in 2004, the law has been used to ban more than 20 books on issues such as military operations and the separatist insurgency5 in Papua.
Earlier this year a group of authors whose books were banned in 2009 asked the Constitutional Court to review the law, which they argued was out of line with Indonesia's democratic values.
Several weeks ago, the court agreed, ruling that the power to restrict printed material should rest with a court.
But Uni Zulfiani Lubis, chief editor of Indonesian television network ANTV and also a member of the Press Council that monitors Indonesia's media operations, says the ruling is not a complete victory.
"It's good news, but not enough," Lubis said. "And we cannot depend on this decision to give us the guarantee that there will be no effort like this from the government, especially the AGO (Attorney General's Office) to ban publications."
Rights activists say President Suharto often used the 1963 law on book banning to clamp down on dissent6. Its use over the past decade, they say, undermines Indonesia's commitment to democracy and shows the government's continued discomfort7 with free expression.
The five books the attorney general banned last year were about sectarian conflict, separatist sentiment in Papua and events surrounding the coup8 attempt that helped bring Suharto to power in 1965.
Some Indonesian officials indicate they are not willing to entirely9 give up book bans.
Presidential advisor10 Teuku Faizasyah says Indonesia is open to free expression, but banning is justified11 if done to keep peace and unity12 in society.
"We as government need to prevent incitement13, which is leading to violence and other horizontal conflict," Faizasyah said. "So in the best interests of the general public there is always need a balance in how we can manage the issue of freedom of expression, but there is also the need to ensure the safety and harmony within the society."
Indonesia is home to hundreds of different ethnic14 groups, and though most of its 240 million people practice Islam, there are also sizeable Christian15 and animist populations.
In recent months officials have warned that religious radicals16 threaten public harmony after small groups of Islamists attacked a Christian congregation outside Jakarta. Vice17 President Boediono says these groups have used freedom of expression to spread hate.
Faizasyah says the government must also be sensitive to Indonesia's cultural complexities18.
"We are not at the same level of acceptance in so many parts of our society in terms of expressing ideas which are against some cultures and basic religious belief," Faizasyah added.
Lubis with the Press Council says certain restrictions19 are valid20, such as a ban on child pornography. But she says most of the government's censorship is politically motivated, and she worries that even with limits to book banning, the government still has plenty of ways to criminalize free speech.
Under the recent ruling, courts will have the final say in deciding whether a book should be banned, but the general prosecutor21 and police can still investigate and sue authors or publishers they say disturb public order.
Harsh defamation22 laws have raised questions about free speech here. And rights activists worry that an electronic information and transaction law meant to monitor dangerous on-line exchanges could be used to justify23 Internet censorship.
In recent months the country's prosecutors24 used a controversial anti-pornography law to charge Erwin Arnada, the former editor of Indonesia's now-defunct Playboy magazine.
Although the publication contained no nudity, the Supreme25 Court sentenced Arnada to two years in prison for indecency. Media freedom groups, such as Reporters Without Borders, say the courts imposed the sentence under pressure from Islamic groups.
Lawyers for the team that challenged the general prosecutor's right to ban books say the verdict is a step in the right direction. But the Alliance for Independent Journalists says cases like Arnada's are evidence that people will have to keep pushing for the right to free speech in Indonesia.
1 activists | |
n.(政治活动的)积极分子,活动家( activist的名词复数 ) | |
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2 curbs | |
v.限制,克制,抑制( curb的第三人称单数 ) | |
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3 vibrant | |
adj.震颤的,响亮的,充满活力的,精力充沛的,(色彩)鲜明的 | |
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4 authoritarian | |
n./adj.专制(的),专制主义者,独裁主义者 | |
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5 insurgency | |
n.起义;暴动;叛变 | |
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6 dissent | |
n./v.不同意,持异议 | |
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7 discomfort | |
n.不舒服,不安,难过,困难,不方便 | |
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8 coup | |
n.政变;突然而成功的行动 | |
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9 entirely | |
ad.全部地,完整地;完全地,彻底地 | |
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10 advisor | |
n.顾问,指导老师,劝告者 | |
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11 justified | |
a.正当的,有理的 | |
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12 unity | |
n.团结,联合,统一;和睦,协调 | |
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13 incitement | |
激励; 刺激; 煽动; 激励物 | |
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14 ethnic | |
adj.人种的,种族的,异教徒的 | |
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15 Christian | |
adj.基督教徒的;n.基督教徒 | |
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16 radicals | |
n.激进分子( radical的名词复数 );根基;基本原理;[数学]根数 | |
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17 vice | |
n.坏事;恶习;[pl.]台钳,老虎钳;adj.副的 | |
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18 complexities | |
复杂性(complexity的名词复数); 复杂的事物 | |
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19 restrictions | |
约束( restriction的名词复数 ); 管制; 制约因素; 带限制性的条件(或规则) | |
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20 valid | |
adj.有确实根据的;有效的;正当的,合法的 | |
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21 prosecutor | |
n.起诉人;检察官,公诉人 | |
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22 defamation | |
n.诽谤;中伤 | |
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23 justify | |
vt.证明…正当(或有理),为…辩护 | |
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24 prosecutors | |
检举人( prosecutor的名词复数 ); 告发人; 起诉人; 公诉人 | |
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25 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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