Enforcing laws on decency in TV programs

Enforcing laws on decency in TV programs

Ardimas Sasdi, Jakarta

In a move reflecting the anger of the public against the
electronic media for flooding the airwaves with indecent and
offensive content, the Indonesian Broadcasting Commission (KPI)
says it has drafted a code of ethics for broadcasting.

In a hearing with legislators, media owners, executives and
educators at the House of Representatives last week, the KPI said
the code was needed to deal with programs featuring graphic sex
scenes, horrific violence, serious criminal acts and mysticism.

While the House supported the KPI's initiative, the
legislature did not spell out how it could regulate the
electronic media.

Broadcasters, carried away by the freedoms they are allowed in
the new democratic environment and by the profit-making motive,
have operated almost completely unimpeded by laws and regulations
during the past six years. And unlike the print media, which is
now entangled in costly lawsuits, television has so far been able
to evade the consequences of consumer outrage and the law.

Knowing that people desire entertainment and information, TV
stations continue to exploit this situation by bombarding us day
and night with many programs that have been deemed useless or
harmful to viewers -- or that directly harm the people involved
in them.

The programs, many of which are unsuitable for a young
audience, include talk shows featuring interviews with
prostitutes and secret lovers of wealthy people, erotic dances by
dangdut singers, programs promoting mystical beliefs, the use of
vulgar language and set-up or highly exploitative reality shows
that fly in the face of journalistic ethics. Some of these
programs are on air during prime time, between 6 p.m. and 8:00
p.m.

Indonesia does not have a special law on decency, but the
Press Law, the Broadcasting Law and the Criminal Code have
articles that, if followed, would outlaw this "trash TV". Article
No. 5c of the Broadcasting Law No. 32/2002 forbids TV stations to
air programs that feature excessive violence, explicit sexual
scenes, gambling and drug abuse, while article 37 says programs
should use the Indonesian language properly and correctly.

TV executives are aware of these laws and regulations, but
they continue to air these programs. Their business rationale
dictates efficiency in order to cut costs and maximize profits,
and many of these shows, especially the reality ones, are cheap
to make. Commercial TV outlets use these programs to attract
viewers in order to raise their ratings and sell advertising
spots.

Lately, the entry into the market of third-generation
broadcasters -- Metro TV, TV7, Lativi and regional TV stations --
has led to even tougher competition between stations for viewers
and advertisers.

This is on top of the second generation of stations, including
the privately-run RCTI, SCTV, TPI, Indosiar and ANTV. All are
competing with the state-run TVRI, which last year was allowed to
run advertisements to fund its operations.

These second and third-generation broadcasters are privately
owned outlets run by influential figures who have close links
with politicians and key government officials. The companies are
often subsidiaries of media giants.

The electronic media has turned into an industry like any
other, and the entry of professional management in the late 1980s
created an "ersatz capitalist" system. This free market
environment has made the task of regulating agencies like the
now-dissolved Ministry of Information and the existing KPI more
difficult.

So powerful were the media barons, that at one time during the
Soeharto era the media successfully delayed the enforcement of
Broadcasting Law No. 27. Soeharto finally approved the law, but
the television industry used a series of arguments to fight the
law. Until today, the attitude of TV executives has remained
unchanged.

In light of this condition, the plan of the KPI to draft a new
broadcasting code is timely. However what is most urgent is not
to draft a law, but to have the guts to act and regulate these
powerful media interests. Doing so successfully means cooperating
to create a successful strategy with input from the House and the
public. At the same time, any attempt to deal with a rogue TV
industry should not infringe upon the legitimate freedoms of the
press and the right to free speech.

Ardimas Sasdi is a staff writer for The Jakarta Post and can
be contacted at ardimas@thejakartapost.com