Jose Belo - Crikey - Monday, 23 June, 2014
The tale of East Timor’s controversial proposed media law is a story of insiders versus outsiders, of the rich versus the poor. Those inside the elite classes are seeking to implement a restrictive new media law so as to limit and control the information available to Timorese outside the elite group, as well as all those outside of East Timor.
The
proposed media law is anti-democratic and unconstitutional and in clear
breach of articles 40 and 41 in East Timor’s constitution, which uphold
and protect the rights of the media, and citizens’ freedom of
expression. The new law will, if passed, require that all journalists be
certified by a government-controlled media council. Foreign journalists
will require permits to report from East Timor, and citizen journalists
using Facebook, blogs or Twitter will also need to have permission to
report and express opinions.
If this law is passed it will allow
government, through the media council, to impose large fines on media
outlets or individuals that are uncertified or distribute information
that is considered “undesirable” as defined by the media council. The
proposed fines are designed to be large enough to intimidate people, and
/ or put certain media out of business.
It is in some ways the
opening shot in a growing class struggle between rich and poor in East
Timor. There are new millionaires who have become rich due to corruption
and political access to East Timor’s Petroleum Fund (which has over
US$15 billion in it).
As the director of Tempo Semanal newspaper
and president of the Timor-Leste Press Union I will neither submit to
being certified, nor will I pay any fines. As a result, in the
worst-case scenario, there is a strong chance I will be prosecuted and
jailed for not submitting to the new law. Other media might submit and
self-censor, or be punished, censored or even put out of business by the
government-sponsored media council. We have already seen the government
successfully persuade almost all media outlets in East Timor to accept
“capacity-building grants” in the last 12 months.
This state of
affairs has come about because Timorese elites from the pro-government
and pro-opposition political parties have joined forces in order to
protect their individual and family financial and commercial interests.
Before 2012 the main opposition party FRETILIN opposed corruption and
nepotism in East Timor, but now it sides with the government as the
elite insiders seek to consolidate their grip on power (and the
Petroleum Fund). This law has come from the office of Prime Minister
Xanana Gusmao with direct and explicit support from the office of the
Leader of the Opposition, Mari Alkatiri.
Amazingly the Australian
government has recently agreed to give tens of millions of direct budget
support and public financial management technical assistance to the
Timorese Ministry of Finance, headed by Minster Emilia Pires, who is under investigation for guiding Ministry of Health supply contracts to her husband (a story broken by Tempo Semanal).
One of her most senior foreign advisers, a tax lawyer named Bobby Boye,
was just last week arrested in Newark Airport by the FBI for corruption
and fraud in his work in the Ministry of Finance.
During the
Indonesian occupation we fought for self-determination and freedom. Most
of the people who died were poor people in the mountains. Now the elite
classes inside the halls of power want to limit the information
available to the public. They want to do this so the public does not
know what is going on with their money. What the elites should remember
is that Timorese history is one of resistance to injustice. Pass the
media law and poor Timorese will resist the injustices imposed on them
by the elite insiders, just as they did the injustices of the Indonesian
occupation.
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