Thu, 27 May 2004

Pornography definition, bill contents unclear: NGO

A. Junaidi, Jakarta

Activists and experts supported on Wednesday an antipornography bill, but urged the government and the House of Representatives to drop several controversial articles in the bill, including those banning of erotic dances and kissing on the lips in public.

Director of the Women's Legal Aid Foundation (LBH-APIK) Ratna Batara Munti said the controversial articles would not be appropriate and would be impinging on freedom of expression.

"We support the bill, but the definition of pornography should be clear. The bill should aim to protect children and women from violence," Ratna said in a workshop on the antipornography bill.

She said that pornography could be defined as materials that showed human genitals explicitly, especially those of women, as an object of humiliation, sexual violence and penetration with objects and animals.

She suggested that eroticism be excluded from pornography as it was part of the right to freedom of expression.

"Law enforcers could arbitrarily interpret eroticism as a crime and thus many people could be victimized if their form of expression was considered pornographic," Ratna said.

The reform era following Soeharto's downfall in 1998 has brought freedom and change, including the mushrooming of mass media that exploit women's sexuality. Pornographic materials, such as video compact discs, books and tabloids, are openly sold on the streets. Television programs show erotic material without considering the time slot or whether it is suitable for children.

It was unclear whether the inclusion of the ban on erotic dances was due to the popularity of the "drilling dance" by dangdut singer Inul Daratista.

Besides banning erotic dances, the bill, which was initiated by the Ministry of Religious Affairs, also prohibits people from exposing their genitals, buttocks or breasts, appearing naked and from kissing on the lips in public.

"I could be arrested if I kissed my wife at the airport. It's ridiculous," said Burhan Mangin, a professor in mass media sociology at Surabaya-based Untag University.

Burhan said the bill would also be difficult to implement across the country in communities that had different traditions, such as undressing to bathe in rivers, or going around half-naked in their daily life.

Gadis Arivia from the University of Indonesia feared that the bill could be misused by certain law enforcers for their own ends.

"I fear that the bill may only enrich policemen, prosecutors and judges," Gadis said.

Some key articles in the bill ---------------------------------------------------------------- Article 41 (1) Exposing genitals in public -- five years in

prison or a Rp 250 million fine.

(2) Exposing buttocks in public --

five years in prison or a Rp 250 million fine.

(3) Exposing breasts in public --

five years in prison or a Rp 250 million fine. Article 44 (1) Appearing naked in public --

six years in prison or a Rp 260 million fine. Article 45 (1) Kissing on the lips in public --

five years in prison or a Rp 250 million fine.

(2) Asking people to kiss in public --

five years in prison or a Rp 500,000 fine Article 46 Performing erotic dances in public places --

five years in prison or a Rp 250 million fine. Article 47 (2) Simulating masturbation --

five years in prison or a Rp 250 million fine

(3) Asking people to simulate masturbation --

five years in prison or a Rp 250 million fine. --------------------------------------------------------------- Source: Antipornography bill