House passes sweeping bill on broadcasting

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)