Where must we draw the line on porn?

Emmy Fitri and Hera Diani, The Jakarta Post, Jakarta

Pornography, according to one standard definition, is the representation of erotic behavior in books, pictures, statues, motion pictures, etc. that is designed to cause sexual excitement

In its original Greek definition, the word means any work of art or literature depicting prostitutes. Now, many centuries later, the definition has changed along with shifting norms and moral values.

Fundamentally, it's a subjective matter as everyone has their opinion on when erotica becomes obscene. Like one American judge famously said, "I know it when I see it".

Porn has now come to the forefront of issues in this diverse society with people testing the waters of freedom after the end of Soeharto's authoritarian 32-year rule in May 1998.

Pornography, while available underground during Soeharto's rule, has come onto the streets and into the home in the past four years. Although still illegal, cheap hard-core porn VCDs are readily available from sidewalk vendors. Local tabloids with provocative photos and graphic sex stories are top sellers at newsstands.

Many parties have expressed concern about the proliferation of porn, but nothing concrete has been done to tackle the problem.

The issue is how to decide when material violates "community" standards and, most importantly, who must be in charge of controlling it.

The Indonesian Ulemas Council (MUI), for example, defines pornography as anything -- from verbal expressions, gestures, pictures or signs -- that incite people to commit adultery or illicit sexual activity.

But, women's rights activist Gadis Arivia said that pornography was acceptable to some extent, except if it contained violence or there was harassment of the models.

"Pictures of women and men showing their body parts are still acceptable. In the case of women, it can't be said that they're exploited because it's their decision. They have choices to be whatever they want and they have the rights over their bodies."

The cases that have come before courts are normally about material that falls into a legal gray area, with defense arguments that it is actually "artistic expression".

MUI itself announced in March the names of several television programs that it believed contained suggestive content.

According to MUI chairman Umar Shihab, the organization observed in the past two years that several media organizations had gone too far and violated the newfound freedom.

"Without control, they exploit everything and have crossed the line of morals and ethics for mere business profits."

MUI's announcement, while backed by State Minister of Communications and Information Syamsul Mu'arif who has promised to come down hard on the offending media, also pointed to the intrinsically subjective nature of defining porn.

At the center of the controversy was Dansa Yo Dansa, a ballroom dancing show which was deemed too suggestive.

"TVRI is the only TV station with the broadest range that can reach remote villages," Umar said in justifying MUI's decision.

"People in this country like to copy, you know. What if villagers watch television and see that city people are having fun at night with dancing, embracing men or women who are not their husbands or wives, and wearing something revealing?"

The crux of the issue, however, is that nobody appears able to define the community standard. Under articles 282 and 283 of the Criminal Code pertaining to standards of decency, airing or publishing material deemed offensive could lead to charges.

The South Jakarta District Court sentenced in June 2000 the chief editor of Matra monthly men's magazine, Robertus Riantiarno, to a five-month suspended jail term for publishing sexually suggestive pictures in its 1999 June and July editions.

Those photos are tame compared to what is shown in many of the tabloids today.

"The articles, however, are open to broad interpretation because they are too general. In the end, such cases can only be processed if brought to court," said University of Indonesia legal expert Harkristuti Harkrisnowo.

The police are supposed to be the authority to take action against porn, but that poses a dilemma in how police officers, from their personal and educational backgrounds, make a decision and the potential to impinge on freedom of expression.

Would a play like Vagina Monologues, which was performed in Jakarta earlier this month, be deemed porn with its exploration of female sexuality?

"In the United States and Europe, for example, people are considered mature and can choose for themselves what's right and not. But, then again, the law there is upheld, like the age limit for purchasing alcohol. Here, anyone can buy it freely," Harkristuti said.

An antiporn law is not the answer because it would only complicate the issue, she added.

"It's better to have an agreement to underline things, at least between the police, national education ministry and religious affairs ministry. Therefore, there won't be conflicting (decisions) when a case of pornography occurs."

Gadis, meanwhile, said the government could not arbitrarily ban everything it considered porn.

"Just put it in the right place so that only those who are 'appropriate' can reach it. Don't let it be like now when any kind of pictures, magazines or tabloids that should be for adults only can be found everywhere," she said.