LEGAZPI CITY: Three years after the grisly Ampatuan massacre in Maguindanao province, the nation has retained its stature as the freest country in Southeast Asia—but the most

dangerous place for journalists accounting for more than half of the violent incidents against media practitioners compared to other countries, the Southeast Asian Press Alliance (Seapa) reported.

“The Philippines is the most dangerous place to be a journalist in Southeast Asia, accounting for more than half of the violent incidents against journalists,” according to Seapa report led by Executive Director Gayanthry Venkiteswaran.

The Seapa is the only regional organization focused on promoting and protecting press freedom and freedom of expression in Southeast Asia. Established as a non-profit organization in November 1998, the alliance works to unite independent journalists and press-related organizations in the region into a force for free expression advocacy and mutual protection.

Seapa reports that Southeast Asia remains problematic with regards to safety and protection of journalists with 100 impunity-related cases recorded or 71 cases of violent incidents (including threats) both from state and non-state actors, and 29 cases of state legal actions.

Based on the observations and summary of impunity related cases recorded by Seapa in 2012 per country, it said that cases under impunity through violence posted at 21 of 23 incidents relate to journalists. Of the attacks involving journalists, two are non-work related.

Ten cases of attacks come from the Philippines; five are from Indonesia, although the Aliansi Jurnalis Independent (AJI) has said that as of the end of May they have received 20 cases of violence.

Threat or harassment cases against journalistic or free expression actions include both threats to commit physical and legal action against the victims where 31 out of 35 incidents are related to journalists; one case each related to blogs, a media official, a concert, and an non-government organization (NGO).

Philippines has 17 cases, with almost all (except one) directed at individual reporters, Burma has six cases, mostly state-initiated, against the private media (including two which are journals of political parties).

Culture of impunity
According to the Seapa report impunity in Southeast Asia (2012) means ‘without punishment’ or ‘without consequences’. The culture of impunity against freedom of expression has two faces: violence and law if perpetrators of violence are able to escape punishment for their crimes, they can continue to carry out such acts or encourage others to do the same—without fear. States that use laws against freedom of expression create a climate of fear among citizens and journalists and also embolden some groups to attack those who express critical messages.

As to killing of (or related to) journalists and civil society activists, 13 killings, two involve activists, one is a witness to a journalist related case, 11 cases are related to journalists. Of the 10 cases of journalists being killed, four are work-related.

Philippines had nine recorded killings, including one activist and one murder case witness. At least three are work-related killings of journalists.

As to impunity by law—cases of arrests or detentions for journalistic work or acts of free expression, whether with charges or not. This category does not include detention cases that resulted in convictions.

Only two out of eight arrest incidents involve journalists. Two are related to bloggers wherein
half of the cases were in Vietnam.

Cases filing of criminal charges and convictions against journalistic work or free expression activities, eight out of 21 cases involve journalists or news agencies, 18 of these cases were initiated by the state or specific state agencies.

Vietnam is the country with the most cases, accounting for 1/3 of the total. Cambodia and Burma follow with five and four cases, respectively. Thirteen are cases of convictions for criminal charges. It is notable that violent incidents recorded were directed at journalists, while more legal actions were pointed towards individual acts of free speech.

Report also said that a similar pattern can be observed towards countries with relatively freer media environments, such as Indonesia and the Philippines, where more acts of violence against journalists were recorded.

Meanwhile, there were more government initiatives to suppress free expression recorded in Vietnam and Burma/Myanmar, which have restricted media environments.

Based on the observations by country Burma or Myanmar with 12 incidents wherein most cases involve state interventions in the private media, concerning reporting on sensitive issues, such as government corruption, the military and ethnic unrest. No incidents of violence were reported except for cyber attacks against erstwhile exile media.

Only one case involved a specific journalist—a Digital Video Broadcasting reporter who was accused by a government official for disturbance and trespassing.

Cambodia with 12 cases, five of the 12 cases involve civil society. This is restriction of civil society is somehow connected to moves to impose stricter control with the widely criticized draft NGO law. Six cases are concerned with politics, while four cases concern local issues (land and logging).

Indonesia with ten cases, nine of 10 cases are related to violence (attacks, killings and threats), three cases involved the military personnel’s heavy handed responses to journalistic activities, two cases concern religion

Laos with one case according to the report. The only case from Laos concerns the unlawful closure of a radio program, which was based on minister’s verbal order to the radio station director, while Malaysia with nine cases.

The four cases in Malaysia relate to the response of authorities to journalistic coverage of issues. Of these, only one case is from a private complaint.

Most dangerous place
Philippines with 36 cases and according to Seapa’s report the country is the most dangerous place to be a journalist in Southeast Asia, accounting for more than half of the violent incidents against journalists.

Notably, there are no recorded cases of arrests or prosecution against journalists and almost all of the cases (except one or at most two) concern local issues, the report said.

Singapore’s only recorded case relates to the conviction of a person linked with an online post, which the court deemed as inciting to violence.

Thailand with four cases, two of Thailand’s cases relate to the controversial lese majeste law.

Timor Leste’s only recorded case is about the mauling of a radio announcer who had reported on a corruption case.

While Vietnam with 17 cases, seven of 11 cases of impunity by law from Vietnam are related to bloggers, including three cases of convictions of bloggers (five persons). Similarly seven of these cases relate to charges of conducting anti-state propaganda (Article 88 of the penal code). Only two cases relate to journalists, including only one of an active journalist concerning an investigative report.