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