Broadcasters seek review of new law
Muninggar Sri Saraswati and Kurniawan Hari, The Jakarta Post, Jakarta
Six associations of broadcasting professionals on Wednesday officially asked the Supreme Court (MA) to review Law No. 32/2002 on broadcasting on the grounds that the new legislation would infringe the public's right to information.
They said the creation of the Indonesian Broadcasting Commission (KPI), which is equipped with censorship powers under the law, could threaten press freedom.
Todung Mulya Lubis, a lawyer representing the associations, asked Supreme Court Justice Laica Marzuki, who received the delegation of broadcasters and their representatives, to make the case the court's top priority.
"It must be made a priority. We also demand that the government delays the establishment of the KPI," Todung told the press after meeting with Laica.
The six associations challenging the law are the Indonesian Television Journalists Association (IJTI), Association of Private Radio Stations (PRSSNI), Indonesian Advertising Companies Association (PPPI), Association of Private Television Broadcasters (ATVSI), Indonesian Dubbing Association (Persusi), and the Indonesian Television Community (Komteve).
Todung emphasized that the new broadcasting law, which was enacted on Dec. 28 last year, contained a number of articles that contradicted the human right principles enshrined in the amended 1945 Constitution.
According to Todung, the law had the potential to revive media repression through censorship and the revocation of broadcasting licenses.
Besides the potential for repression, the law applied some discriminatory rules. For example, the law gave special treatment to public broadcasters by allowing them to broadcast nationwide. On the other hand, private television stations had to enter into network arrangements with local stations if they wanted to broadcast across the country.
The controversy over the broadcasting law has lasted for more than two years, dating back to June 26, 2000, when the House began its deliberation of the then broadcasting bill.
The enacted law replaced Law No.24/1997, which had lapsed following the abolition of the Ministry of Information in 1999.
Compared to Law No. 24/1997, the new broadcasting law is much more comprehensive.
The law establishes a new institution, the Indonesian Broadcasting Commission (KPI), which is expected to function as an independent regulatory body.
The broadcasting commission is supposed to accommodate public participation and the views of the broadcasting community.
The KPI concept has, however, been called into question by the lawmakers' decision to give the government a free hand in issuing regulations on the broadcasting sector.
Under the new law, the government is given the task of issuing at least 12 regulations to put meat on the bones of the law.
Although several broadcasting associations had protested the controversial bill, some groups, including the Institute for the Free Flow of Information (ISAI), the Indonesian Media Law and Policy Center (IMLPC), and associations of community-run broadcasting stations expressed their support.
They emphasized that regulation of the broadcasting sector was needed, saying that complaints from various groups could be used later in revising the law.
Some articles rejected by the broadcasting associations
1. The power of the government and KPI to determine coverage area, technical matters, and to issue licenses as provided for in Articles 31, 32, and 33.
2. The power of the KPI to revoke broadcasting licenses as provided for in Article 34.
3. The obligation to allocate 60 percent of broadcast time to domestic material as provided for in Article 36.
4. The obligation to show a censorship certificate for films and advertisements as provided for in Article 47.