Govt can't revoke broadcasting licenses arbitrarily: Legislator

Kurniawan Hari, The Jakarta Post, Jakarta

Although under the broadcasting bill the government has the power to revoke the broadcasting license of any radio or television station that violates the regulations, this can only be done based upon a decision of the court, says a legislator.

House member Djoko Susilo, who was on the team that drafted the broadcasting bill, emphasized that the government could not revoke licenses arbitrarily.

"If there is no violation, the license won't be revoked. Indeed, revocation must await a verdict from the court," Djoko said on Sunday.

He was commenting on speculation that once approved, the broadcasting bill could easily be used by the government to muzzle the press. The bill, which is currently being deliberated, is designed to replace Law No.24/1997 on the press, which is considered outdated.

Article 20 of the bill stipulates that a radio broadcasting license is valid for five years while a television broadcasting license is valid for 10 years. The licenses can be extended.

A license can be revoked for a number of reasons, including if a station violates frequency regulations, is off the air for three consecutive months, assigns its license to others, or violates technical and content requirements.

Regarding a violation of the content rules, revocation is only permitted after a binding court decision has been handed down.

Djoko, from the Reform faction, reiterated that the revocation and extension of broadcasting licenses would be contingent on a recommendation from the Indonesian broadcasting commission (KPI), a body to be set up once the bill was enacted into law.

Asked whether the short duration of broadcasting licenses would deter investment, Djoko simply said that similar rules were applied in other countries.

"I don't think it will hamper investment. This (the issuance of broadcasting licenses) is an international practice," he added.

According to Djoko, countries in Europe, and the United States and Japan issued licenses for between 10 and 15 years in the case of television, and five to 10 years in the case of radio.

Zainal A. Suryokusumo from the Indonesian Broadcasting Society (MPI) concurred with Djoko, saying that the licensing of broadcasters was a universal practice.

"Don't compare the broadcast media with the print media. Such broadcasting licenses are normal. This is a consequence of the allocation of a frequency, which comes within the public domain," Zainal said, adding that in Australia radio licenses were valid for five years.

Zainal, who is also the director of the Radio Network for Electoral Monitoring, said that radio broadcasters would make sure not to commit any violations once they received their licenses. "There are numerous investors queuing up to get frequencies," he added.

Commenting on the setting up of the KPI as provided for in the broadcasting bill, Zainal said that legislators and the government were only half-hearted when it came to giving the commission teeth.

He suggested that the planned KPI should be given greater powers instead of only being able to make recommendations to the government on various broadcasting issues.

"The KPI is a sissy institution. It only has the authority to issue recommendations but has no power to issue regulations," Zainal said.