The most important principle that must be established with regard to the press is total independence from the government, said United Nations (UN) Special Rapporteur on judicial independence Param Cumaraswamy.

Param conceded that a number of governments would argue that the state must control newspapers in order to ensure that the media can accurately express their views to the people.

"This argument, however, is fundamentally flawed. A government newspaper is, by definition, representing one interest. It is likely to present its news and information in a manner biased in favour of the government and to ignore or downplay opposing viewpoints," he said.

Speaking at a forum on press freedom and human rights yesterday, Param said that in a democracy the government represents the people and has an obligation to promote diversity and the freedom of expression of the whole community, not to merely publicise its own views.

Public funds should not be used to subsidise the dissemination of government leaders' opinions as they have significant access to the media by virtue of their positions, he added.

Direct contrast

He quoted the Ghanaian Supreme Court as stating: "The state-owned media are national assets: They belong to the entire community, not to the abstraction known as the state; nor to the government in office, or to its party. If such national assets were to become the mouthpiece of any one or combination of the parties vying for power, democracy would be no more than a sham."

"This view is in direct contrast to what the Parliamentary Secretary to the Information Ministry (Zainuddin Maidin) was reported to have said, that the Radio Television Malaysia is biased towards the government," said Param.

"When national security is genuinely threatened, then it may be necessary to restrict freedom of expression, but this concept is frequently abused to limit criticism of officials and to hide government corruption or wrongdoing," he added.

"The law clearly defines what is meant by national security and such definition should recognise that national security restrictions relate to protection of the interests of the nation rather than those of a particular government or branch of the military or security services."

Greater tolerance

He also pointed out that it is clearly not legitimate to charge a journalist with an offence for suggesting a different form of government or for alleging corruption in the government or military.

Individual members of the government and other public figures should be required to tolerate a higher degree of criticism than ordinary members of the public, and they should not use defamation actions to silence their political critics, added Param.

In response to a question on the matter, Param said journalists should organise themselves and keep the pressure on, "for human rights reforms take time".

He cited the People Power of Philippines in 1986 as an example, in which Ferdinand Marcos was toppled; another example was the reformasi movement of Indonesia which silenced president Suharto.

However, Param said that change must come from within and not without.

"You cannot expect international organisations to come and change the problems," he added.

Alternative option

Another speaker, freelance writer Said Zahari said people are no longer afraid to demand for the freedom of press and openly criticise the government for curbing it, adding that the Printing Presses and Publications Act (PPPA) is no longer effective because of the existence of the Internet.

"People can download articles freely and disseminate news that are not in favour of the government," he said.

The former editor-in-chief of Utusan Melayu also urged the government to accept journalists' call to repeal the PPPA.

"When the journalists can write without fear of losing their job or being detained, only then will people get just and fair information," he added.

In 1961, Said led a strike of Utusan Melayu journalists in protest over attempts by Umno to take over the then leading newspaper. That incident was the only uprising by local journalists ever recorded in national history.

"I may have lost the strike but not the struggle," said the writer whose recently-released political memoir Meniti Lautan Gelora is creating waves in the profession.

Back then, he said, there were only 50 to 60 journalists, mainly from Utusan Melayu, who participated in the strike, but today there are about 1,000 journalists from various newspapers and ethnic groups supporting the struggle.

Said was referring to a memorandum sent last year to Home Affairs Minister Abdullah Ahmad Badawi, which was signed by 951 journalists calling for the abolishment of the PPPA.

The 'Press Freedom and Human Rights Forum' was organised by Chinese daily Sin Chew Jit Poh in conjunction with World Press Freedom Day yesterday.