
There are many problems with each of the draft laws, but the main dangers to journalists are in the draft law establishing a Media Council, and in the draft Journalists Statute: Adoption of these laws would seriously damage the ability of Timor-Leste’s citizens to obtain information of public interest.
Aspects of the Laws that are Positive:
• The Laws appear to be well-intentioned
• The Laws seem intended to protect journalists’ rights.
• Some efforts are made to protect the Media Council from political interference – but probably not enough for it to be truly independent.
• Disputes with the media can be mediated by the Media Council, without needing to turn to the courts.
• Media Council decisions can be appealed to the courts.
Aspects of the Laws that are Negative:
• The law imposes duties on journalists that violate their freedom of speech.
• The Media Council can fine journalists or suspend their licenses for practicing freedom of speech.
• The Council can fine journalists for $500-2,500 for journalists, and up to $10,000 for legal entities such as newspapers.
• Sanctions can be imposed for violations that are very vaguely defined, making it impossible for the press to know what activity can lead to a fine or sanction.
• The fines are used to finance the Council’s budget, which gives the Council a motive to impose fines.
• The Council has the power to license journalists – and to take away their license. It is possible, but not clear, that a person can be sanctioned for practicing journalism without a license.
• The rules for obtaining a license have little relationship to professionalism.
• The Council has three branches, which is too complex for a small country with only several hundred journalists.
Image added by ETLJB: Artwork by Arte Moris Living Art School, Dili, East Timor. Artist unknown.
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