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Time magazine ordered to pay $106 million damages

 


paul_indo
From the Jakarta Post



Quote:
Time magazine ordered to pay Indonesian dictator Suharto US$106 million

JAKARTA (AP): The Supreme Court ordered Time magazine to pay US$106 million in damages for defaming former Indonesian dictator Suharto by alleging his family amassed $15 billion during his brutal 32-year rule, officials said Monday.

The May 1999 cover story in the magazine's Asian edition said much of the money had been transferred from Switzerland to Austria before Suharto stepped down amid riots and pro-democracy protests in 1998.

Suharto, who said the article defamed him and the state of Indonesia, filed a lawsuit with the Central District Jakarta and later the Jakarta High Court, both of which ruled in Time's favor.

The Supreme Court overturned the decisions on Aug. 31.

"Time magazine has to pay $106 million for defaming Suharto," said Supreme Court spokesman Nurhadi. "The article and photographs hurt the image and pride of the plaintiff as a great retired army general and the former Indonesian president."

Suharto's lawyer, Muhamad Assegaf, welcomed the "surprise verdict."

The former dictator, now 86, seized power in 1967 and ruled the country with an iron fist for the next three decades, killing or imprisoning hundreds of thousands of political opponents.

He has evaded prosecution on charges of embezzling state funds, with lawyers successfully arguing he is too ill to stand trial, and has never been tried for human rights abuses.

The Time article, titled "The Family Firm," had alleged that Suharto and his children amassed $73 billion, the bulk from oil and mining, forestry, property, banking and petrochemicals, but lost much of it during the 1997 Asian financial crisis.

It alleged that the family still had $15 billion in 1999.

Time could not be immediately reached for comment about the court ruling, details of which were not made public.

But it earlier said its article was based on four months of reporting in 11 countries that uncovered a complex network of corporate investments, bank transfers and property holdings in Switzerland, Uzbekistan and Nigeria. (***)


The western world seems to treat Indonesia as if it has become a stronghold of freedom and democracy in the Asian/Islamic worlds and yet this story shows the true facts that nothing has changed in nine years of reform.

It is sad to see but most Indonesians, and even westerners seem to think Indonesia was and would be better under Soeharto. He's too old now but the point is it was a safer more tolerant society under his dictatorship than it is nine years later as a democracy and the corruption is even worse so what's the benefit of democracy to the average Indonesian?

They get to vote for the politicians who steal their money that's about all.

Not one major political figure has been convicted of corruption since Soeharto resigned.
otiscom
You're right, they are to many governments in this world making money off us who live there.
AftershockVibe
I'm not sure how the Indonesian legal system works... if Time is allowed to appeal I'm pretty sure it's going to take the chance!

Anyone know?
paul_indo
Yep, you are right. Here's a follow up story from the Jakarta Post.

Quote:
Time magazine to fight US$106 million ruling by Indonesian court

JAKARTA (AP): Time magazine will fight an Indonesia court order to pay US$106 million for defaming former dictator Suharto by alleging his family amassed billions of dollars during his 32-year rule, a lawyer said Tuesday.

Todung Mulya Lubis called the Aug. 31 decision "a serious blow" to press freedom and a setback for reform of Indonesia's judiciary.

The magazine says the May 1999 cover story in its Asian edition was based on four months' reporting in 11 countries - research that it says uncovered a complex network of corporate investments, bank transfers and property holdings in Switzerland, Uzbekistan and Nigeria.

Time alleged that Suharto and his children amassed more than $15 billion, much of which was transferred from Switzerland to Austria before the strongman stepped down amid riots and pro-democracy protests nearly a decade ago.

"Time magazine will take any legal measures available to defend freedom of the press," Todung told reporters in Jakarta. "We believe it is important to uphold justice and the truth."

He did not elaborate on what measures would be taken.

Suharto, who has also been accused of widespread rights abuses, had earlier filed lawsuits with the Central District Jakarta Court and later the Jakarta High Court. Both ruled in Time's favor.

But a panel of three Supreme Court judges - including a retired general who rose in the military ranks during Suharto's administration - overturned the decisions late last month and ordered Time Inc. Asia to pay $106 million.

It also demanded that six magazine employees apologize in leading Indonesian magazines and newspapers as well as Time's Asian, European and U.S. editions.

"I don't understand why the panel of judges was led by a Supreme justice with the background of an army general," Todung said. "This is a very big question ... Why is a military man deciding a press (freedom) case?"

Suharto, now 86, seized power in 1967. He ruled the country with an iron fist for the next three decades, killing or imprisoning hundreds of thousands of political opponents.

He has evaded prosecution on charges of embezzling state funds, with lawyers successfully arguing he is too ill to stand trial, and he has never been tried for human rights abuses.

The Time article, titled "The Family Firm," alleged that Suharto and his children amassed US$73 billion, the bulk of it from oil and mining, forestry, property, banking and petrochemicals. It says the family lost much of the money during the 1997-98 Asian financial crisis.

Time - which is owned by Time Inc., the magazine publishing division of media conglomerate Time Warner Inc. - alleged that the family still had $15 billion in 1999. (**)


WHat amazes me is that in the so called "reform era" an ex army general would even be considered for the position of a Supreme Justice.
Bondings
What I don't understand is how they would be able to enforce that verdict? I mean, Time isn't an Indonesian company, so how does this fall under Indonesian jurisdiction?

And yes this is really amazing.
moworks2
indonesian puppet court with ex murderers to help keep up the rear...doesn't surprise me one bit...democracy?...where on this planet do you see a 'real' democracy...it's only a word...like god, heaven, equality, justice...

the military, politicians, bleech!...the bowls of humanity held up high for us all to see & worship...the ruling class...doesn't it make you wonder?...what are we doing to ourselves? how long can this insanity go on?...

I don't see Time paying up...I don't see the defamation standing in an international court...can you imagine the repercussions...no one would be able to write any more about the political scandals in america, europe, africa, etc. for fear of being hit with lawsuit...not going to happen...hmm, maybe...i think the bush camp would like to see that freedom gone...

kind regards...

M

paul_indo wrote:
Yep, you are right. Here's a follow up story from the Jakarta Post.

Quote:
Time magazine to fight US$106 million ruling by Indonesian court

JAKARTA (AP): Time magazine will fight an Indonesia court order to pay US$106 million for defaming former dictator Suharto by alleging his family amassed billions of dollars during his 32-year rule, a lawyer said Tuesday.

Todung Mulya Lubis called the Aug. 31 decision "a serious blow" to press freedom and a setback for reform of Indonesia's judiciary.

The magazine says the May 1999 cover story in its Asian edition was based on four months' reporting in 11 countries - research that it says uncovered a complex network of corporate investments, bank transfers and property holdings in Switzerland, Uzbekistan and Nigeria.

Time alleged that Suharto and his children amassed more than $15 billion, much of which was transferred from Switzerland to Austria before the strongman stepped down amid riots and pro-democracy protests nearly a decade ago.

"Time magazine will take any legal measures available to defend freedom of the press," Todung told reporters in Jakarta. "We believe it is important to uphold justice and the truth."

He did not elaborate on what measures would be taken.

Suharto, who has also been accused of widespread rights abuses, had earlier filed lawsuits with the Central District Jakarta Court and later the Jakarta High Court. Both ruled in Time's favor.

But a panel of three Supreme Court judges - including a retired general who rose in the military ranks during Suharto's administration - overturned the decisions late last month and ordered Time Inc. Asia to pay $106 million.

It also demanded that six magazine employees apologize in leading Indonesian magazines and newspapers as well as Time's Asian, European and U.S. editions.

"I don't understand why the panel of judges was led by a Supreme justice with the background of an army general," Todung said. "This is a very big question ... Why is a military man deciding a press (freedom) case?"

Suharto, now 86, seized power in 1967. He ruled the country with an iron fist for the next three decades, killing or imprisoning hundreds of thousands of political opponents.

He has evaded prosecution on charges of embezzling state funds, with lawyers successfully arguing he is too ill to stand trial, and he has never been tried for human rights abuses.

The Time article, titled "The Family Firm," alleged that Suharto and his children amassed US$73 billion, the bulk of it from oil and mining, forestry, property, banking and petrochemicals. It says the family lost much of the money during the 1997-98 Asian financial crisis.

Time - which is owned by Time Inc., the magazine publishing division of media conglomerate Time Warner Inc. - alleged that the family still had $15 billion in 1999. (**)


WHat amazes me is that in the so called "reform era" an ex army general would even be considered for the position of a Supreme Justice.
paul_indo
You're absolutely right, why should they pay! I doubt they have any assets here so there's basically nothing Indonesia could do to make them pay as far as I know.
moworks2
Bondings wrote:
What I don't understand is how they would be able to enforce that verdict? I mean, Time isn't an Indonesian company, so how does this fall under Indonesian jurisdiction?

And yes this is really amazing.


Hi Bondings...I know this isn't the place but I wasn't sure where to get your attention...my email notify hasn't been working...I've checked to make sure my email address works and it does...i shut it off in my profile, logged out then logged back in and put the email notify radio button back to yes and still nothing...

anything you can do to help me?...

thanks...

M

Ps. I did post about this problem about a week ago in the proper forum, frihost support, with no answers...
LumberJack
Bondings wrote:
What I don't understand is how they would be able to enforce that verdict? I mean, Time isn't an Indonesian company, so how does this fall under Indonesian jurisdiction?

And yes this is really amazing.


It is amazing indeed. I don't think it is enforceable. It depends whether or not a court where Time is a company will uphold the decision, but it sounds like a gross miscarriage of Justice. I think it is just symbolic.

If this was binding arbitration, it would be a much different story, but I don't think Time would agree to it.
TomGrey
mo... "i think the bush camp would like to see that freedom gone... "

Where have they attacked the press with libel? If anything, it is the PC crowd that stifles free speech -- no ROTC on campus; Larry Summers, speaking truly about gender differences, uninvited to speak in CA; Rumsfeld being protested at Stanford.

Bush got rid of two dictatorships -- what have the Dems done? (Allowed Rwanda genocide; allowed Cambodian Killing Fields)


When anti-capitalists vote in favor of a gov't strong enough to take cash from the rich, it shouldn't be a surprise that the folks in gov't start believing they're much like the rich, and prefer the rich lifestyle, and since they have the power to take cash, they take a lot less (just a little) ... from a lot more folks.

All in favor of Big Gov't are, implicitly, in favor of Big Corruption. (Small Gov't folk usually accept that they support Small Corruption; at least I do.)
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