LAST UPDATE: MARCH 2012

edited by Alastair Carthew and Simon Winkelmann

Dear User!

Covering the July to December, 2011 period, this Asia Media Update includes Australia and New Zealand for the first time, bringing the countries covered to 30. In this respect it could be termed the Asia/Pacific Media Directory as we already include Fiji.

The period reveals a pleasingly increased number of countries contemplating, or implementing, new media laws with a seemingly positive intent, particularly as none of them rank highly on the Reporters Without Borders press freedom index, which we use in each case to measure freedom of expression performances.

Mongolia passed a freedom of information law mid year after a five year debate; Uzbekistan issued a decree providing additional tax benefits to the media; Sri Lanka sets guidelines and a code of conduct for the media; Singapore’s government, reeling from an election setback, promised a more open approach to governance; Malaysia’s prime minister promised to abolish two harsh security laws including a media law; Laos drafted a decree on implementation of its Law on Media Act to clarify media responsibilities; Myanmar allowed a partial relaxation of its strict media controls and Cambodia drafted an Access to Information Law that was welcomed.

However, despite such positive law changes, other countries continued to tighten their laws. Fiji promulgated a harsh new media decree to replace its old penal code; expected freedom of information measures were excluded from the Philippine’s long awaited Freedom of Information Act; India issued tough new information technology rules and amendments were made to a media registration act without consultation providing for tougher penalties; Bangladesh tightened its Criminal Procedure Code enabling summonses of journalist for defamatory comments and publications and Kazakhstan drafted a law on broadcasting that caused concern amongst broadcasting organisations.

Self censorship, attacks, killings, arson, the closure of websites, curbs on social media and bans continued to plague media across the region. Pakistan saw 12 journalists killed in total in 2011, the highest in South Asia and it remained the 10th most dangerous place in the world for journalists while neighbour Afghanistan saw continued attacks on the media, particularly radio stations. Self censorship was evident in places like Timor-Leste where defamation has been decriminalized but remains part of the civil code and even tiny Bhutan where censorship exists through restrictions on media ownership. In Brunei the Sedition Act, the list of punishable offences, was expanded.

China’s alleged influence over Taiwan, South Korea and Hong Kong was observed. In China itself the ongoing tussle over the Internet and most aspects of social networking created headlines and promoted more online surveillance by the authorities. In Taiwan there was concern over “propaganda masquerading as news” and the possible interference of China in media business deals; five South Korean journalists were detained by China on espionage charges and released amidst concern by the United Nations that South Korea’s freedom of opinion and expression was decreasing while in Hong Kong there were calls for a Freedom of Information Act and the United Nations refugee agency, UNHCR, pointed to self-censorship in the Hong Kong media claiming Beijing’s influence over the local media had increased.

In Indonesia, the influence of Islam on Indonesian journalists was revealed showing 63.5 percent of 600 journalists surveyed by the Pantau Foundation, a research and training organisation, agreed that secularism, liberalism and pluralism should be prohibited and that 50 percent of Indonesian journalists agreed the religious sect Ahmadiyah and Playboy magazine should be banned while Sharia law and anti-pornography legislation should be enacted. In Kyrgyzstan, a ban was placed on online news agencies from covering the October presidential election there, but it was noted that since interim prime minister Roza Otunbayava’s provisional government came to power there was a loosening of controls over broadcast and newspaper media.

In Nepal, the planned amnesty of criminal cases pending from past political violence and its impact on journalists was a major issue but threats and attacks on journalists continued with Nepal maintaining the 7th worst record in the world for not prosecuting the alleged killers of journalists. In nearby Thailand, the lèse majesté laws, which make it an offence to insult the Thai royal family, were, again, centre stage with several high profile cases gaining massive media coverage and prompting a debate over the laws; There was also a failed government attempt to give the police chief censorship powers over the media. Vietnam continued to imprison bloggers and journalists with nine journalists, most of them working online, being jailed in the six months to October, 2011.

Down Under, in Australia media baron Rupert Murdoch as his media conglomerate took on the Labour government which also unveiled a plan to mandate a system that would block access to adult Internet content, leading to hostile charges of plans to control the media. In New Zealand, the devastating Christchurch earthquake led to the venerable Christchurch Press historic building being demolished, there was, a row with Australian media companies over coverage of the Rugby World Cup and the brutal street murder of a radio journalist. In Japan, also, the earthquake and subsequent Tsunami dominated coverage, with some criticism of the Japanese media.

Overall a mixed bag of some progress in amending, introducing or abolishing restrictive laws, but Asia remained one of the most difficult places in the world for journalists to operate in the second half of 2011 as government combated the inexorable expansion of the Internet and social media and violence and threats against all types of media continued.

I hope you enjoy it!

Paul Linnarz, Director Media Programme Asia

Disclaimer