Broadcasting law<\/p>\n
At long last, Indonesia will soon have its first broadcasting
\nlaw, following the House of Representatives' decision to endorse
\nthe government-sponsored bill Monday. The sweeping law provides a
\nlegal framework for the industry to operate within. It also
\nprovides greater certainty than the present system, which is
\nregulated by a series of government rules. Considering the
\ngrowing importance of television, radio and other means of
\nbroadcasting in our daily lives, the endorsement is timely.<\/p>\n
The final version of the bill -- which was heavily scrutinized
\nby the House during seven months of deliberation -- deals with
\nmany of the familiar negative excesses of television. Some might
\nargue that the regulations are excessive, but they reflect the
\nconcerns of society, as well as those of the government.<\/p>\n
The proposed law bans the promotion of communism and Marxism-
\nLeninism, and programs containing \"violence, sadism, pornography,
\nmysticism, gambling and those depicting permissive lifestyles,
\nconsumerism, hedonism and feudalism.\" Most of these items are
\nacceptable. However, some -- like \"permissive lifestyles and
\nconsumerism\" -- are vague and broad, and they could invite
\ndifferent interpretations.<\/p>\n
Outside this list of don't's, the law encourages self-
\nregulation by the industry. It calls for the drawing up of a code
\nof ethics on broadcasting, and the establishment of a council to
\nact as the industry's watchdog. There is also the requirement
\nthat all films must be approved by the Film Censorship Institute
\nbefore they are aired.<\/p>\n
One would have thought that these measures, along with their
\npenalties, ranging from admonitions to prison terms, are
\nsufficient to ensure compliance. But the bill gives an overriding
\npower to the government to control the industry: licensing.<\/p>\n
Under the proposed law, a broadcasting company must possess a
\nlicense to operate, which is issued by the Ministry of
\nInformation. A license is good for five years and is renewable
\nsubject to result of \"evaluation\". The bill gives the minister of
\ninformation the right to revoke the license. Broadcasting
\ncompanies therefore face the same uncertainty that newspapers and
\nmagazines have to deal with under their 1982 Press Law -- the
\nprospect of losing their license, with virtually no recourse for
\nreprieve.<\/p>\n
Since the bill has already been endorsed and sent to President
\nSoeharto for his signature before it becomes law, there is no
\npoint at this late stage to contest the particular clause on
\nlicensing. We have reason to believe that, in view of the sour
\nexperience with the 1982 Press Law, some House members sought
\nsome kind of assurances from the government that the right to
\nrevoke broadcasting licenses would be used sparingly, if at all.<\/p>\n
Broadcasting, like the press, is a tool of democracy. This
\npoint unfortunately is not reflected in the bill, which places
\nmore emphasis on the functions of broadcasting as tools of
\ninformation, education and entertainment. Revoking the license of
\na television or radio station, as we have seen with the
\nrevocation of press licenses, will have far-reaching consequences
\nfor the nation's democracy.<\/p>\n
The House gave the government quite a run for its money in the
\ndeliberation of the bill on broadcasting. The final version that
\nwas endorsed Monday looked very different from the one the
\ngovernment submitted in May. The House did not have everything
\nits way in the face of the omnipotent government. But we hope
\nHouse members will continue to monitor the implementation and the
\ninterpretations of the law. Their task is not over, by any means,
\nwith Monday's endorsement. They should see to it that, on the
\nquestion of licensing, broadcasting companies do not suffer the
\nsame fate that their colleagues in the print media did with the
\n1982 Press Law.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/broadcasting-law-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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