Decree on TV airtime cutbacks a right violation

Ardimas Sasdi, Jakarta

Although the political landscape has changed in recent years, the government's view on media remains unchanged. The recommendation on TV airtime cutbacks, a two-pronged policy issued recently by the office of the State Minister of Communications and Information, is a striking example.

One side of the policy is constructive: It shows a responsiveness, an attitude typically lacking among government agencies. But on the other side of the coin, which may elude many of us, is harmful: it demonstrates that the government is stuck in the "pre-reformasi paradigm".

The decree, issued by the state ministry as its response to the energy conservation drive launched by the government amid rising global oil prices and surging energy consumption at home, is not only against the 1999 Press Law, but also deviates from the principles of democracy, which evolved in the past seven years.

To understand the logic, one has to look at the ranks of laws, which stipulate that the content of a lower law must not be in contradiction with the content of a higher law. The content of a state ministerial decree, for example, must not be against the Constitution, the law or a Presidential Decree.

Ethically, the state ministry should have consulted the Press Council or the Indonesian Broadcasting Commission (KPI), before issuing the decree, but alas it did not bother to do so, as if nothing was amiss.

The fact that some media companies agreed with the decree, which is a blessing in disguise for TV and radio stations as it will help them cut operational costs without losing face in front of the viewing public, cannot be used to justify this legal violation.

TV stations, according to Karni Ilyas, the chairman of the Association of Indonesian Private TV Stations (ATVSI), were complying with the decree for two reasons. Externally, TV stations are seen to be doing their bit in energy conservation, while internally they can save at least Rp 1 billion each day by signing off from 1 a.m. to 5 a.m. (or in some cases; midnight to 6 a.m.), a time when advertising revenue is minimal.

Not all media, however, could shut down for those hours, due to their contractual obligations to subscribers. Kabelvision, for example, was forced to resume its 24-hour service after many clients and customers threatened to sue the company for breach of contract.

The most troublesome aspect of this decree, which is valid for six months, is that it constitutes an interference by the government -- intentionally or unintentionally -- into a public domain.

Media observer Hinca Pandjaitan saw the ruling "as an experiment by the government to curb freedom of the press".

During the "Reform Era", which began in 1998 after the fall of Soeharto, the press has enjoyed a fair measure of freedom. With this newly found freedom, the press -- print and electronic media -- adopted a relatively aggressive reporting style, even to the point of voyeurism.

Not used to a freer media, government officials, legislators and some members of the public have accused the media of having gone overboard, a charge vehemently denied by the press.

The concerns of some people about free press first surfaced during the era of President Abdurrahman "Gus Dur" Wahid, which witnessed a seesaw relationship between the government and the media. The love-hate ties continued in the era of Megawati Soekarnoputri.

But press reports are generally quite favorable about the government of President Susilo Bambang Yudhoyono, though some can still be quite critical. The favorable reports did not, however, prevent the government from reinstating this repressive role of the Ministry of Information.

During his 32-year rule, Soeharto clearly exploited the press for maintenance of his power. In the early years of his tenure, Soeharto courted the media to attack his opponents and build a good image for himself. But most of the time Soeharto gagged the media through various means, namely through licensing procedures.

Susilo, if he is really committed to protect press freedom as he promised in the election campaign, should not repeat those mistakes made by his predecessors, especially Soeharto who was forced to leave in disgrace because he ignored dissenting views from the media.

Democracy demands a change in the government's views on many things, including the press. In the new political landscape, the state ministry of information, as a key part of the government, should act as a mediator between the media and the public, and draft broad guidelines on information.

The ministry is also expected to initiate campaigns on educating the public about government policies, laws, and political participation like regional elections, promoting tourism and providing information campaigns on health such as cholera, chikunguya, polio and bird flu, which could create serious economic and health impacts if not properly tackled.

For its part, the press has raised these issues and thus helped the government by giving input, something required to take appropriate actions even though some of them not favorable. And one test of a good government is how responsive it is to input from the press.

The author is a staff writer for The Jakarta Post.