House passes sweeping bill on broadcasting

JAKARTA (JP): The House of Representatives agreed yesterday to pass the bill on broadcasting which gives the government sweeping powers to regulate the industry, including advertising, and the use of new communications technology such as the internet.

Under the law, a broadcaster must have an operational license issued on a five-yearly basis by the Ministry of Information.

The licensing mechanism, to be regulated by the government, is likely to be similar to that ruling the press industry, in which the minister has the power to revoke licenses.

The final version of the government sponsored bill, as expected, formally ends the government's monopoly over news broadcasting through television or radio.

The bill was endorsed during a plenary session of the House in which Minister of Information Harmoko represented the government. The bill will become law after President Soeharto signs it.

This is the first time that Indonesia has its own broadcasting law. The industry has until now worked under government regulations.

House members said the bill provoked some of the toughest debates ever given to a piece legislation. It took the House seven months to agree on the bill.

The final version looks different from the one submitted in May, bringing in 20 additional articles to the original 58.

"This is a significant, if not drastic, modification," Marwah Daud Ibrahim, the spokesperson for Golkar, told the session.

The additions are intended to provide greater protection to the people, particularly children and youth, from the negative effects of broadcasting, said Marwah, a mass communications expert.

All films and videos to be aired on television must pass the Film Censorship Institute as do all advertisements.

Private broadcasters can air their own news, something they already do. But commercial TV and radio stations will still be required to broadcast news supplied by the state-run RRI and TVRI.

The proposed law bans programs containing "violence, sadism, pornography, mysticism, gambling, and those depicting lifestyles encouraging permissiveness, consumerism, or that are hedonistic and feudalistic."

It specifically outlaws programs that promote communism and Marxism-Leninism and programs that "incite conflicts or those that violate religious teachings, degrade human dignity or national culture, and those that can disrupt the unity and cohesion of the nation."

The bill changes TVRI's status from a foundation to an institution with greater authority, ranging from financial self- sufficiency to human resources development activities.

Commercial broadcasters succeeded in lobbying against allowing TVRI to run advertisements, the bread and butter of the industry.

State television, which has a wider reach than the five commercial stations, will be allowed to run public services advertisements.

Commercial stations are still required to make financial contributions towards government broadcasting units.

The bill jealously guards what is considered by the government as a strategic industry from falling into foreign hands or from becoming a monopolistic or oligopolistic industry.

Foreign broadcasters are not permitted to operate on Indonesian soil and all commercial broadcasting companies must be wholly-owned by Indonesians.

Foreign ownership may be permitted through portfolio holding of broadcasting firms which list shares in the stock market.

The legislation also requires broadcasting companies to give some of their shares to employees, how many will be determined by the government.

The bill requires private stations to give priority to locally made programs, at least 70 percent of total air time.

At least 51 percent of all local programs must be produced by local production houses vis-a-vis in-house production.

The House eliminated a clause sought by the government to compel broadcasters to dub all foreign programs into the Indonesian. Languages other than English must be dubbed, either to Indonesian or English.

The legislation bans advertising alcohol and addictive substances but falls short of banning cigarette advertising. Instead, commercials depicting smoking are prohibited.

The bill regulates "special broadcasters", including internet users, as well as cable TV, pay TV, teletext and virtually all forms of broadcast services. Operators of these services must obtain a license.

The bill calls for the enactment of a code of ethics on broadcasting and the establishment of a council to ensure that the ethics are properly observed.

The bill also sets punishments for violations, ranging from administrative sanctions to imprisonment of up to 10 years. (amd)