Proposed Criminal Code addition to Criminalize Defamation

On 5 June 2020, the Ministry of Justice invited selected organizations (not including La'o Hamutuk) to write submissions on a proposed amendment to the Timor-Leste Penal Code which would criminalize defamation, offenses and insults, even if the target is a company or a dead person. The one-year prison sentence can be doubled or tripled if the 'victim' is a public official, or if the insult is made through traditional media or social media. Lusa reported that Minister of Justice Manuel Cáceres da Costa said that the draft is to 'kick-off' public discussion.

The preamble to the draft law explains that the Indonesian criminal defamation law was not replicated in the 2009 Timor-Leste Penal Code because memories of the repressive occupation were still fresh, but that now, more than ten years later, the rise of social media made it necessary to protect the honor and reputation of public office-holders and others.

The Ministry, which hopes to get Parliamentary authorization to enact this amendment by a closed-door meeting of the Council of Ministers, asked for written submissions within one week, by 11 June.

For the links below, articles in languages other than English are followed with (T(etum) or (P(ortuguese)).

As the draft began to circulate, many people expressed concerns through the media, including:

• Jose Ramos-Horta (It's not a priority, and could infringe on people's rights)
• Mari Alkatiri(T), Fretilin (Criminalizing defamation must be done with care, and not now)
• Joaquim dos Santos, Fretilin, President Parliamentary Law Committee(T) (Government needs to define the draft law well, to teach all citizens to respect each other). Later, Proposed law must not violate constitutional principles(T)
• Adérito Hugo da Costa, CNRT, Member of Parliament(T) (Government should listen to the media community and civil society on the defamation law)
• Manuel Monteiro, HAK Association(T) (It's not necessary to criminalize defamation). Submission (T)
• Virgilio Guterres, President of Press Council (Press Council considers law to criminalize defamation against the spirit of the RDTL Constitution). Press release
• Jose Luis Oliveira, AJAR(T) (Criminalizing defamation is a loss for Timor-Leste's democracy)
• Hugo Fernandes, Press Council member(T) (Defamation law will impact TL's freedom of press ranking)
• Manuel Cárceres da Costa, Minister of Justice(T) (Criminalizing defamation to educate society) (also Tempo Timor(T))
• Duarte Nunes, CNRT, Member of Parliament(T) (CNRT believes we don't need to criminalize defamation)

Submissions

The Ministry of Justice has received submissions from several organizations, all of whom urged the government not to adopt this proposed law.

• La'o Hamutuk's 5-page submission (T) pointed out that this law
  • Weakens democracy
  • Violates international conventions and the RDTL Constitution
  • Limits people's ability to discuss important matters with fellow citizens
  • Recalls the repression during the Indonesian occupation
  • Would be enacted hidden from public view (avoiding the more transparent Parliament)
  • Deters people, especially the most vulnerable or powerless, from reporting wrongdoing
  • Intimidate or repress civil society organizations like La'o Hamutuk from discussing issues publicly
  • Is unnecessary because other mechanisms (civil lawsuits, the Press Council, the 'Slanderous Denunciation' law) already handle the problem
  La'o Hamutuk also pointed out that when someone decides to seek public office, with access to public funds and power over other people's lives, they should take responsibility for their decisions and accept that they may be criticized.
• FONGTIL(T) (the NGO Forum)
• HAK Association(T)

International organizations have also expressed concern about the proposal, including:

• International Federation of Journalists (IFJ) (also press release)
• Media, Entertainment and Arts Alliance (MEAA - Australia)

Documents

• Proposed new criminal defamation law, June 2020
• Code of Journalistic Ethics (P), 18 Jan 2017
• Internal Rules of the Press Council (P), 16 May 2016
• Decree-Law No. 25/2015 (PT) establishing the Press Council, 5 August 2015
• Media Law No. 5/2014 (P), 19 November 2014.
• Freedoms of Opinion and Expression from the UN Human Rights Committee, 12 Sep 2011
• RDTL Penal Code (also P), 8 April 2009
• Constitution of the Democratic Republic of Timor-Leste (also P, T, Bahasa Indonesia) 20 May 2002

Analysis, news and commentary in English (newest first)

• Submission from La'o Hamutuk (Tetum, 11 June 2020)
• Media rights groups protest against Timor’s draft defamation law (Pacific Media Watch, 11 June 2020)
• Proposed defamation law petitioned by media rights groups (IFJ, 11 June 2020, also letter)
• Statement from the Press Council (9 June 2020)
• Ramos-Horta slams criminal libel plan – threat to rights in Timor-Leste (Lusa/Asia-Pacific Report, 9 June 2020)
• Timorese government wants to criminalize defamation, injuries and offense (Lusa, 6 June 2020)
• Briefing: Criminal Defamation in Portugal (International Press Institute, 2015)
• La'o Hamutuk page on Media Law (2014-2020)
• La'o Hamutuk page on Defamation Case Against Tempo Semanal (2009)

LAO HAMUTUK

laohamutuk.org

June' 11 2020

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