“Trial by the Press”: An Examination of Journalism,Ethics,and Islam in Indonesia and Malaysia

Abstract

In the United States, when journalists or legal scholars use the term “trial by the press,” it is usually in the context of pretrial publicity, and the First Amendment right to freedom of expression versus the Sixth Amendment right to a fair trial. Although this understanding of the term exists in Indonesia and Malaysia, there it is also used in a variety of other ways that are related to the teachings of Islam and the legacy of authoritarianism. Islam contains strict prohibitions against gossip, libel, and other forms of defamation. For those who are uncomfortable with what they see as the excesses of press freedom, “trial by the press,” or the idea that the press should not “judge” someone until the facts have been proven in a court of law strongly resembles the Islamic injunctions against fitnah (slander) and gossip. The question of when a Muslim journalist can properly divulge something negative about someone else has implications not only for the popular understanding of libel and defamation but also for investigative reporting. Because the accusation of “trial by the press” resonates with deeply held Islamic principles, it can be an exceptionally powerful political tool.