Repression of information, again

Repression of information, again

Abdullah Alamudi, Jakarta

President Susilo Bambang Yudhoyono has turned the clock back
more than 40 years to the time when the late President Sukarno,
during the height of his Ganyang (Crush) Malaysia Campaign in
1963, orally banned Indonesians from listening to western
broadcasts.

Susilo went even further. He issued regulations that prohibit
private broadcasting stations from relaying regular news
broadcasts transmitted by foreign media, depriving the public the
right to immediate and direct access to information. Millions of
Indonesians throughout this vast archipelago will soon be unable
to get alternative sources of information. Voice of America's
Indonesian language service is relayed by some 160 private radio
stations, the BBC has 86 partners; It is not clear how many
private radio stations relay Radio Australia, Germany's Deutsche
Welle and the Netherlands' Radio Hilversum.

It will be interesting to see the reactions of taxpayers from
Indonesia's donor countries when they realize that this
government is imposing a blanket censorship on news and current
affairs broadcast by their respective radio and television
stations.

The local private radio stations are merely trying to meet
their audiences continuous demand for more international news and
news about Indonesia as seen from a non-Indonesian perspective.
The vast majority of Indonesians are hungry for information -- a
commodity they were deprived of for 32 years during the
Soeharto's era and further during parts of the Sukarno era. They
want to know more about sports, especially reports on
international soccer, and they want the program English on Radio,
which usually follows the news and current affairs broadcasts by
the western radio stations. They also want to listen to the
Science and Technology program, one of the most popular after the
news.

Soon, there will be no more relays of regular news programs
for local radio stations when the regulation is implemented. It
may also deprive viewers of Kabelvision and Indovision, which
broadcast ABC, BBC, CNN, Fox News, CNBC, and many other
international television stations.

Article 17 (5.a.) of the Government Regulation No. 50/05 on
Private Broadcast Institutions, signed by President Susilo on
Nov. 16, stipulates that: "Private Broadcasting Institutions are
forbidden to relay regular broadcast programs originating from
foreign broadcasting institutions, which include program types:
a. news; b. music programs with improper performances; and c.
sports broadcasts which show sadistic acts."

Those who violate this ruling will be given administrative
sanctions in the form of a temporary ban, article 51 of the
Regulation states.

It is not clear why the government took such a repressive act
in this age of press freedom and the public outcry for freedom of
information. What is clear, though, is that in its dictum on
consideration, the regulation only mentioned Article 5 (2) of the
1945 Constitution, which empowers the government to issue
regulations. It did not, however make any reference whatsoever to
Article 28 and 28-F of the Constitution, which acknowledge the
right of every person to communicate and to seek information.
Article 28-F is more or less adopted from Article 19 of the UN
Charter on Human Rights.

The regulation also fails to include in its consideration
Article 28-I of the Constitution, which deals with human rights.
The article stipulates: "(1) The right to live, the right not to
be tortured, the right to a free mind and conscience ... are
human rights that can not be taken away regardless of the
situation."

Back in the 2001-2002 period, during the deliberation of the
Broadcast Bill (now Law No. 32/2002 on Broadcasting), the
Coalition for the Public's Right to Information, which includes
the Indonesian Press and Broadcast Society (MPPI), Komunikasi
Universitas Indonesia, Alliance of Independent Journalists (AJI),
the Institute of Free Flow of Information Studies (ISAI) and many
more NGOs, strongly rejected the inclusion of an article in the
Bill which limits news relays. But the coalition was defeated and
that became Article 40 of Law No. 32/2002.

Point (2) of the article stipulates that, "Broadcast relays
used as regular programs, be they domestic or foreign products,
shall be limited." Point (3) states: "Broadcast relays as regular
programs from foreign broadcasting institutions, should be
limited in duration, type and number."

The new regulation does not limit news programs regularly
relayed by local radio stations, it bans them entirely. One then
may ask, how repressive can this government get?

The enactment of the four Regulations (Concerning: Guidelines
for Foreign Broadcasting Coverage; Private Broadcasting;
Community Broadcasting; and Pay TV), has boosted the power of the
Department of Communication and Information (Kominfo), and usurps
some of the power of the Independent Broadcasting Commission
(KPI), making it a mere messenger boy. Many media observers say
that Kominfo has now become the reincarnation of the repressive
Department of Information (Deppen) under former President
Soeharto.

The KPI, when first established by the Broadcast Law of 2002,
was originally to be become an independent regulatory body,
similar to that of the FCC in the U.S., or the Office of
Communication (formerly Independent Television Communication and
Radio Authority) in UK, or the Australian Broadcasting Authority,
or the Canadian Radio and Television Commission. But KPI's power
and authority have now been stripped away by the latest
government regulation on broadcasting, to be mere a body to
receive application documents for radio spectrum frequency
allocations, make recommendations to the Kominfo Minister and
pass on the minister's reply to the applicants.

Media observers here also believe that legally, Kominfo cannot
deprive KPI of its power because under the Indonesian legal
system, the position of the Broadcast Law is higher than the
Government Regulation. Its rulings must not supercede a higher
law. However, many will recall that Article 28 of the 1945
Constitution, which respects press freedom, was also highly
regarded during the Soeharto era, but at the same time it was
still violated. Many newspapers and magazines were closed down
during his 32-year reign. So, since President Susilo has turned
the clock back more than 40 years, will history repeat itself?

The writer is a lecturer at the Dr. Soetomo Press Institute,
Jakarta, and member of the Press and Broadcast Society of
Indonesia (MPPI). He can be reached at abdullahalamudi@yahoo.com.