DILI (TOP) – Freedom of the press is protected by article 41 of the Timor-Leste’s Constitution, but there is still one ghost article in the Criminal Code (2009), namely article 285 on Defamatory false information.
The ghost article has been used by politicians and law enforcement in Timor-Leste to strike back at their opponents, especially journalists who often write stories about corruption cases in both private and public institutions.
Article 285 is a giant ghost that not only haunts journalists but will also haunt critics in this country one day.
Leaders and politicians in Timor-Leste have been pleased with the annual world press freedom index of 71st out of 180 countries in 2021 and 17th in 2022 ahead of Australia, but the Minister of Parliamentary Affairs and Social Communication Francisco Martins da Costa Pereira Jerónimo has sued the editor-in-chief of the online media www.hatutan.com Francisco Belo Simões da Costa after publishing a corruption case allegedly involving the minister Francisco Jerónimo.
According to information accessed by The Oe-Kusi Post (TOP), installation project Set-top Box Set-top Box/dexodificador RTTL,E.P with a budget of $900,0000.00, allegedly involve Minister Francisco Jerónimo who is also the President of the Federação Futebol de Timor-Leste (F -FTL) entered into a contract with a local company DILI ETERNAL INNOVATION INFORMATION, Lda as a Joint Venture of Melánia da Silva Fernandes Capela was a secretary in the F-FTL cabinet, but according to his right of reply to Hatutan.com that the news reports about this project is not true.
As a result, Minister Francisco Jerónimo finally sued the editor-in-chief of Hatutan.com who is also a member of the Timor-Leste press council to the Dili District Prosecutor Office.
“I have gone to give a statement at the Dili prosecutor's office on a report from the Minister of Parliamentary Affairs and Social Communication Francisco Martins da Costa Pereira Jerónimo regarding Defamatory false information in article 285 of the Timor-Leste's penal code,” Francisco Belo Simões da Costa told The Oe-Kusi Post (TOP).
According to a news report from the online media Hatutan.com that their chief editor gave a statement at the Dili prosecutor's office on Monday 23 May 2022 from 9 to 9:30 am Timor-Leste time.
Journalist Francisco Belo received a summons from the Dili prosecutor's office on 18 May 2022 with the case number NUC 0078/22/PCCIC as a suspect.
The online media Hatutan.com explained that their editor-in-chief had been sued by the Minister of Parliamentary Affairs and Social Communication Francisco Martins da Costa Pereira Jerónimo for the publication of news about the Set-top Box/dexodificador installation project Rádiu Televizaun Timor Leste, Empreza Públika (RTTL, E.P).
Article 285
Defamatory false information
- Any person who, by any means, before authorities or publicly, and aware of the falsity of the accusation, informs or casts suspicion on a certain person regarding commission of a crime, with the intent of having criminal proceedings initiated against said person, is punishable with up to 3 years imprisonment or a fine.
- Whenever the false accusation refers to an unlawful act of an administrative or disciplinary nature, the penalty shall be extraordinarily mitigated.
- Whenever any of the acts described above are intentionally promoted by an official charged with initiating said proceeding, the maximum limit of the applicable penalty shall be increased by one third.
The same case has also happened to the Timor Post journalist who is now the editor-in-chief of the online media www.oekusipost.com Raimundos Oki with the prime minister Rui Maria de Araújo in 2017 but the Dili District Court decided the total acquittal.
