Broadcasters seek review of new law
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.