Indonesian Political, Business & Finance News

Broadcasting regulations put on hold

| Source: JP
Broadcasting regulations put on hold

Tony Hotland, The Jakarta Post, Jakarta

In a decision eliciting jeers and cheers from the gallery, the
government and the House of Representatives agreed on Monday to
postpone the implementation of the much-criticized government
regulations on broadcasting.

They settled on a timetable -- over the next two months -- to
amend some articles in Law No. 32/2002 on Broadcasting, the
ambiguity of which have been blamed for the controversy.

The postponement came after staunch criticism over four
regulations, issued on Nov. 16, which media analysts and
lawmakers have criticized as a return to the suppression of press
freedom and a violation of the broadcasting law.

Press activists and members of the Indonesian Broadcasting
Commission (KPI), who observed intently during the hearing
between information minister Sofyan Djalil and House Commission I
on information and defense, immediately welcomed the decision.

House members had taken turns lambasting the minister and the
President for issuing the regulations, with some calling for a
flat revocation of all the regulations.

The regulations are No. 49/2005 on foreign broadcasters, No.
50/2005 on private broadcasters, No. 51/2005 on community
broadcasters and No. 52/2005 on foreign broadcasters.

Seemingly cornered, minister Sofyan said the regulations were
drafted by his predecessor Syamsul Ma'arif and he only complied
with a Constitutional Court verdict over a contentious article in
the broadcasting law.

Article 33 of the broadcasting law says that licensing-related
issues are determined by the "state" through the KPI.

The word "state" had been self-claimed by both the information
ministry and the KPI, delaying the issuance of government
regulations to implement the law for almost a year.

The Constitutional Court, claimed Sofyan, had ruled in favor
of the government by stating that it does have the power to
regulate broadcasting issues.

House members, some of whom were directly involved in the
deliberation and the enactment of the historic law, disputed the
verdict.

They said it was the government that would set the rules, but
that did not mean that it could take over the power that the
broadcasting law had constitutionally embedded in the KPI.

All in all, the lawmakers admitted the broadcasting law was
prone to multiple interpretations due to the fact that, coupled
with political compromises, it was deliberated in haste.

Revising the law, House members agreed on Monday, should be
conducted with democracy in mind, where information affairs
should be left to the public -- in this case by a quasi-state
institution such as the KPI.

The revision process is expected to include the government,
the House, the KPI, press experts as well as several former
lawmakers who deliberated on the bill.

In the hearing's conclusion, the House told the government to
completely lift the current night time ban, which applies to all
local broadcasters. That contentious ministerial decision was
made several months ago, ostensibly to comply with the so-called
campaign to conserve energy.

The House also called on the government to submit by the end
of next month, at the latest, a list of questions for the free
access to public information bill to start the deliberation
process.
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