Art. 207: Any person who with deliberate intent in public, orally or in writing,
insults an authority or a public body set up in Indonesia, shall be punished by a
maximum imprisonment of one year and six months or a maximum fine of 300
rupiahs.
Art. 208: 1. Any person who disseminates, openly demonstrates or puts up a
writing or portrait containing an insult against an authority or public body set up in
Indonesia with intent to give publicity to the insulting content or to enhance the
publicity thereof, shall be punished by a maximum imprisonment of four months or
a maximum fine of 300 rupiahs.
2. If the offender commits the crime in his profession and during the commission
of the crime two years have not yet elapsed since an earlier conviction of the
person by reason of a similar crime has become final, he may be deprived of the
exercise of said profession.
Art. 310: 1. The person who intentionally harms someone’s honor or reputation by
charging him with a certain matter, with the obvious intent to give publicity
thereof, shall, being guilty of defamation, be punished by a maximum
imprisonment of nine months or a maximum fine of 300 rupiahs;
2. If this takes place by means of writing or portraits disseminated, openly
demonstrated or put up, the principal shall, being guilty of libel, be punished with a
maximum imprisonment of one year and four months or a maximum fine of 300
rupiahs.
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Art. 311: Any person who commits the crime of slander or libel in case proof of
the truth of the charged fact is permitted, shall if he does not procure said proof and
the charge has been made against his better judgment, being guilty of calumny, be
punished by a maximum imprisonment of four years.
Art. 312: Proof of the truth of the charged fact shall only be permissible in the
following cases:
1. if the judge deems the examination of the truth necessary to judge the allegation
of the accused that he has acted in the general interest or for his necessary defense;
2. if an official is charged with the commission of an act in the exercise of his
office.
Art. 313: The proof referred to in Art. 312 shall not be permissible if the charged
fact cannot be presented except upon complaint and no complaint has been made.
Art. 314: If the defamed person has been declared guilty of the charged fact by
judicial verdict that has become final punishment by reason of calumny shall be
excluded.
If the defamed person has been acquitted of the charged fact, by judicial verdict
that has become final, said verdict shall be considered as perfect proof of the
untruth of the fact.
If proof against the defamed person by reason of the fact charged to him, a
criminal prosecution has been initiated the prosecution by reason of calumny shall
be suspended until the verdict on the charged fact has become final.
Art. 315: A defamation committed with deliberate intent which does not bear the
character of slander or libel, against a person either in public, orally or in writing,
or in his presence orally or by battery, or by a writing delivered or handed over,
shall as simple defamation, be punished, by a maximum imprisonment of four
months and two weeks or a maximum fine of 300 rupiahs.
Art. 316: The punishments laid down in the foregoing articles of this chapter may
be enhanced by one third, if the defamation is committed against an official during
or on the subject of the legal exercise of his office.
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Art. 317: Any person who with deliberate intent submits or causes to submit a
false charge or information in writing against a certain person to the authorities,
whereby the honor or reputation of said person is harmed, shall, being guilty of
calumnious charge, be punished by a maximum imprisonment of four years.
Deprivation of the right mentioned in Art. 35 first to thirdly [these cover: the right
to hold office/specific offices; the right to serve with the armed forces; and the
right to vote or be voted for in elections] may be pronounced.
Art. 318: 1. Any person who with deliberate intent by some act falsely cast
suspicion upon another person of having committed a punishable act, shall, being
guilty of calumnious insinuation, be punished by a maximum imprisonment of four
years.
2. Deprivation of the rights mentioned in Art. 35 first to thirdly may be
pronounced.
Art. 319: Defamation, punishable under this chapter, shall not be prosecuted
except on complaint by the person against whom the crime has been committed,
except in the case of Art. 316.
Art. 320: 1. Any person who in respect of a deceased person commits an act that,
if the person would still be alive, would have been characterized as libel or slander,
shall be punished by a maximum imprisonment of four months and two weeks or a
maximum fine of 300 rupiahs.
2. This crime shall not be prosecuted than upon complaint by either one of the
blood relatives or persons allied by marriage to the deceased in the straight line or
sideline to the second degree, or by the spouse. …
Art. 321: 1. Any person who disseminates, demonstrates openly or puts up a
writing or portrait of defamatory or for a deceased -- slanderous contents with
intent to give publicity to the defamatory or slanderous contents or to enhance the
publicity thereof, shall be published by a maximum imprisonment of one month
and two weeks or a maximum fine of 300 rupiahs.
2. If the offender commits the crime in his profession and during the commission
of the crime two years have not yet elapsed since an earlier conviction of the
person by reason of a similar crime has become final, he may be deprived of the
exercise of said profession.
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3. This crime shall not be prosecuted except upon complaint by the persons
indicated in Art. 310 and the second and third paragraph of Art. 320.
Law No. 11/2008 on Electronic Information & Transactions
Art. 27 (3): Anyone who intentionally and without the right to do so distributes
and/or transmits and/or allows the accessing of electronic information and/or
electronic documents that have defamatory content and/or slander reputation.
Art. 45: Anyone who satisfies the stipulations referred to in Art. 27 (1),(2), (3), or
(4) shall be punished by up to six years’ imprisonment and/or a maximum fine of 1
billion rupiahs (approx. US$100,000).
*The fines specified in the Penal Code today equal less than US$1. However,
according to the Article 19 organization, the provisions of the civil law permitting
civil defamation suits do not include any limitations on possible damages in such
cases.
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MALAYSIA
Population: 27.9 million
Press Freedom Rating: Not Free
The government was quick to use “sedition” to
silence media. Several books were banned on that
ground. Bloggers were also targeted, as were print,
TV and radio journalists. By the end of 2019,
lawmakers were cosidering a “cyber-sedition bill.”
In June, a book by cartoonist Zulkifly Anwar Ulhaque, known as Zulnar, was
banned as “unsuitable and detrimental to public order.” Two months later, Zulnar
was arrested for “sedition” hours before launching a second book. He was bailed.
In February, conservative NGOs protested an article in The Star newspaper in
which Managing Editor P. Gunasegaran questioned the harsh punishment of three
Muslim women accused of illicit sex. They were caned. The NGOs filed police
reports, calling the article an “insult to Islam” and calling for Gunasegaran to be
fired. The government issued a show-cause letter to the paper, which was forced to
print an apology.
Opposition Member of Parliament Karpal Singh was acquitted in June of the
charge of “sedition” in a case over comments he made about the Sultan of Perak at
a 2009 press conference.
In September, Malay Mail editor Irwan Abdul Rahman was charged with
publishing material considered “obscene, indecent, false, menacing or offensive in
character with malicious intent.” Rahman, who edits the satirical blog, risked a
$1,600 fine and a year in jail. The charge was over an article in which Rahman
wrote that the head of the electric company could sue the World Wildlife Fund for
encouraging people to turn off their lights during the annual “Earth Hour.”
Relevant Laws
Penal Code
Section 499 (Defamation): Whoever, by words either spoken or intended to be
read or by signs, or by visible representations, makes or publishes any imputation
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concerning any person, intending to harm, or knowing or having reason to believe
that such imputation will harm the reputation of such person, is said, except in the
cases hereinafter excepted, to defame that person.
Explanation 1 - It may amount to defamation to impute anything to a deceased
person, if the imputation would harm the reputation of that person if living, and is
intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2 - It may amount to defamation to make an imputation concerning a
company, or an association or collection of persons as such.
Explanation 3 - An imputation in the form of an alternative, or expressed
ironically, may amount to defamation.
Explanation 4 - No imputation is said to harm a person’s reputation, unless that
imputation directly or indirectly, in the estimation of others, lowers the moral or
intellectual character of that person, or lowers the character of that person in
respect of his caste or of his calling, or lowers the credit of that person, or causes it
to be believed that the body of that person is in a loathsome state, or in a state
generally considered as disgraceful.
Sect. 500 (Punishment for Defamation): Whoever defames another shall be
punished with imprisonment for a term which may extend to two years or with fine
or with both.
Sect. 501 (Printing or engraving matter known to be defamatory): Whoever prints
or engraves any matter, knowing or having good reason to believe that such matter
is defamatory of any person, shall be punished with imprisonment for a term which
may extend to two years or with fine or with both.
Sect. 502 (Sale of printed or engraved substance containing defamatory
matter): Whoever sells or offers for sale any printed or engraved substance,
containing defamatory matter, knowing that it contains such matter, shall be
punished with imprisonment for a term which may extend to two years or with fine
or with both.
The Sedition Act (1948)
Criminalizes any speech with a “seditious tendency.” The concept is broadly
defined to include tendencies that “bring into hatred or contempt or . . . Excite
disaffection against any Ruler or against any Government” or the administration of
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justice in Malaysia or in any State; those that “raise discontent or disaffection
amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or
amongst the inhabitants of Malaysia or of any State”; “promote feelings of ill will
and hostility between different races or classes of the population of Malaysia”; or
“question any matter, right, status, position, privilege, sovereignty or prerogative
established or protected by he provisions of Part III of the Federal Constitution or
Arts. 152, 153 or 181 of the Federal Constitution.”
The law does provide that, “an act, speech, words, publication or other thing shall
not be deemed to be seditious by reason only that it has a tendency . . . To show
that any Ruler has been misled or mistaken in any of his measures.”
Those found guilty may be jailed for up to three years or fined 5,000 ringgit
(approx. US$1,400). In addition, newspapers containing seditious matter may be
suspended by the court for up to one full year.
The Defamation Act (1957)
Provides civil remedies for defamation. It has been used aggressively to sue almost
every newspaper and TV station. Suits of up to 100 million ringgits (approx. US
$27 million) have been filed against the media.
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PAKISTAN
Population: 184.7 million
Press Freedom Rating: Not Free
Reporters worked in harsh and dangerous conditions.
Abductions and attacks becoming increasingly
commonplace. But lawmakers were working to make an
even tougher media environment by amending the law on
the 2009 Pakistan Electronic Media Regulatory Authority to give make defamation
law more restrictive.
The provision was ostensibly aimed at restricting media coverage of suicide
bombings, but it would also make broadcast journalists vulnerable to defamation
suits. They would be prevented from airing “anything defamatory against the
organs of the State.” If convicted, they would be subject to a three-year prison
terms and fines as high as nearly $116,000.
Pakistan Penal Code
Art. 124 (a) Sedition: Whoever by words, either spoken or written, or by signs, or
by visible representation, or otherwise, brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection toward, the Federal or
Provincial Government established by law shall be punished with imprisonment
for life to which fine may be added.
Art. 503 Criminal Intimidation: Whoever threatens another with any injury to
his person, reputation or property, or to the person or reputation of any one in
whom that person is interested, with intent to cause alarm ... commits criminal
intimidation.
Art. 504 Intentional insult with intent to provoke breach of the peace:
Whoever intentionally insults, and thereby provokes with the intention of breaking
public peace, is subject to a fine, imprisonment up to two years, or both.
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Art. 505 Statements conducing to public mischief: 1. Whoever makes,
publishes, or circulates any statement, rumor or report
b) with intent to cause, or which is likely to cause, fear or alarm to the public; or
c) with intent to incite, or which is likely to incite, any class or community of
persons, is subject to a fine and up to seven years in prison.
Art. 506 Punishment for criminal intimidation: Whoever commits the offense
of criminal intimidation is subject to a fine, up to two years in prison, or both.
Art. 507 Criminal intimidation by an anonymous communication: Whoever
commits the offense of criminal intimidation by anonymously, is subject to a
prison sentence of up to two years.
Defamation Ordinance of 2002
Any wrongful act or publication or circulation of a false statement or
representation made orally or in written or visual form which injures the
reputation of a person, tends to lower him in the estimation of others or tends to
reduce him to ridicule, unjust criticism, dislike, contempt or hatred shall be
actionable as defamation.
2. Defamation is of two forms, namely: -
i) slander; and
ii) libel.
3. Any false oral statement or representation that amounts to defamation shall be
actionable as slander.
4. Any false written, documentary or visual statement or representation made
either by ordinary form or expression or by electronic or other modern means or
devices that amounts to defamation shall be actionable as libel.
Where defamation is proved, the defendant may be forced to offer an apology, as
well as publish an apology in a place as prominent as the where the defamatory
statement was made. Reasonable compensatory damages with a minimum of
$575, or three months imprisonment.
Where defamation is proved, the defendant may be forced to apologize, as well as
publish an apology in a place as prominent as where the defamatory statement was
made. Minimum damages: $575; minimum prison term: three months.
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SINGAPORE
Population: 4.8 million
Press Freedom Rating: Not Free
The judiciary often leveled contempt of court charges
against newspapers that published articles critical of
the courts. As in previous years, Dow Jones’ Wall
Street Journal Asia was again charged with contempt, this time over a letter to the
editor that suggested the judicial branch was controlled by the ruling People’s
Action Party. Although the Wall Street Journal also published two government
rebuttals, the newspaper was still ordered to pay a fine and court costs of $41,250.
It was not the only foreign newspaper targeted. Finance Asia and The Economist
were also threatened with lawsuits, and the International Herald Tribune was
forced to apologize for a February critical of the still-powerful former Prime
Minister Lee Kuan Yew and his son. To avoid trial, the IHT paid the family
$114,000 damages. The family had already received a large settlement in 2009,
when the since defunct Far Eastern Economic Review paid $290,000 damages.
In November, 76-year-old British author Alan Shadrake was sentenced to six
weeks in jail and fined $15,400 for contempt of court and ordered to pay $42,000
in court fees. Before trial, the author had to hand over his passport, as he was
considered a flight risk. He was convicted of “scandalizing the court” in a book
critical of the country’s death penalty. Shadrake, who was released on bail, got the
longest sentence the court has ever given for contempt.
Relevant Laws
Penal Code
Sect. 499 (Defamation): “Whoever, by words either spoken or intended to be
read, or by signs, or by visible representations, makes or publishes any imputation
concerning any person, intending to harm, or knowing or having reason to believe
that such imputation will harm, the reputation of such person, is said, except in the
cases hereinafter excepted, to defame that person.”
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Possible penalties include imprisonment of up to two years and/or a fine. The
explanatory notes accompanying the Penal Code note that defamation of a
deceased person is possible, that an imputation “expressed ironically” may amount
to defamation, and specify that “harm” will only be found where an imputation
“lowers the moral or intellectual character of that person, or lowers the character of
that person in respect of his calling, or lowers the credit of that person, or causes it
to be believed that the body of that person is in a loathsome state, or in a state
generally considered as disgraceful.”
Sedition Act
The Sedition Act prohibits, among others, acts that have seditious tendency, the
uttering of seditious words, as well as the publishing, sale or distribution of
seditious publications. “Seditious tendency” is broadly defined to include a
tendency to bring into hatred or contempt or to excite disaffection against the
Government or the administration of justice, and to raise discontent or disaffection
among the citizens or residents of Singapore. First-time offenders face a fine of up
to 5,000 Singapore dollars (about US$3,600), imprisonment of up to three years, or
both.
The Defamation Act (1957, 1997) provides civil remedies for defamation.
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THAILAND
Population: 68.1 million
Press Freedom Rating: Partly Free
In late 2010, the government partly lifted an emergency
decree imposed in April after political strife became violent.
Bangkok and outlying provinces were no longer under
emergency rule, but other regions remained so. The decree
(Emergency Decree on Government Administration in States of Emergency) gave
the government broad powers to restrict freedoms, including censorship and
prohibiting media from “causing panic.”
Meanwhile, stringent lèse majesté provisions, outlawing insulting, defaming or
threatening the royal family, continued in use to silence journalists and activists. In
January, a government committee was assembled to advise police and ministry
officials on how to apply the law more fairly.
Jonathan Head, the former BBC Bureau Chief in Bangkok, still had two lèse
majesté charges pending in late 2010. The first case revolved around comments he
made during a 2007 panel discussion at a Foreign Correspondents Club event. The
second case was more generally related to his reporting during a two-year period.
Both charges were for “damaging and insulting the reputation of the monarchy.”
In March, a Thailand-based American online journalist countersued after being
charged with criminal defamation based on the lèse majesté provision.
Frank Anderson was sued by Akbar Khan, a British resident of Thailand, and
Wattanasak Mungkitkarndee, a police official, over editorials Anderson wrote
about them in 2008 and 2009 for his online journal, The Korat Post. The editorials
argued the validity of the law, noting that the King had said he is not above
criticism. Anderson’s countersuit, believed to be the first to challenge lèse majesté,
accuses the plaintiffs of making false allegations to officials.
In September, the executive director of online news journal Prachatai was
arrested for failing immediately to remove comments from the site deemed
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“insulting to the monarchy.” Chiranuch Premchaiporn’s bail was set at $6,500. She
faced up to five years in prison if convicted.
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