The Indonesian House of Representatives (DPR RI) is currently reviewing legislative changes related to broadcasting in Indonesia. The Broadcasting Bill^[1] under discussion presents several issues, including the potential for discrimination against women, minority groups based on sexual orientation and gender identity and expression (SOGIE), and communities vulnerable to gender-based violence. This bill also has the potential to hinder press freedom and freedom of expression and is ambiguous in its interpretation (rubber articles).

The following are the key issues arising from the Broadcasting Bill:

Potential Discrimination Against Marginalized Groups

The Broadcasting Bill has the potential to perpetuate discrimination against a wide-ranging population due to the inclusion of provisions regulating decency, propriety and morality. this includes, but is not limited to, women, persons of diverse SOGIE, people vulnerable to gender-based violence. This can create double standards and create a chilling effect on rights, particularly freedom of expression, as they are often positioned as moral bastions to be protected in patriarchal societies.

In an effort to define and regulate ‘moral norms’, the Broadcasting Bill contains phrases that prohibit broadcasting content about lesbian, gay, bisexual, and transgender (LGBT) individuals, including advertisements featuring LGBT scenes and the use of LGBT models. The following articles regulate this:

• Article 28A, Paragraph 1(d) prohibits Subscription Broadcasting Institutions (LBP) from broadcasting content displaying behavior of lesbian, homosexual, bisexual, and transgender individuals.
• Article 46A, Paragraph 2(h) prohibits Advertising Broadcast Material from using advertising models that promote LGBT behavior.
• Article 50B, Paragraph 2(g) regulates Broadcasting Content Standards (SIS) by prohibiting the broadcast of content displaying LGBT behavior.

These three articles provide legitimacy for the State to discriminate against and reduce the basic rights of citizens, whether based on actual or perceived LGBT identity. The consequences include increased criminalization and persecution of content creators, advertising stars, and actors associated with the LGBT individuals . This threat of punishment could adversely affect LGBT  individuals’s rights to equality, non-discrimination, self-determination, and freedom of expression. This can manifest in self-censorship, being  deterred from openly expressing their identities or creating content that represents LGBT experiences.

Additionally, the prohibition on broadcasting content displaying LGBT behavior could result in a loss of employment and economic opportunities for LGBT individuals and others based on their association with LGBT people within the broadcasting and advertising industries. Content creators, actors, and models based on their actual or perceived LGBT identity will be even more marginalized or excluded from participating in the broadcasting sector, limiting the ability to secure employment and earn a livelihood in these sectors.

Likewise, it also threatens rights to freedom of expression and access to information critical in changing negative public perception and stereotypes, correcting misinformation, access life-saving health and other information because of the censorship laws. It restricts the self-expression of individuals and the representation of diverse  voices and perspectives in the media.

Expansion of Indonesia Commission on Broadcasting (KPI) Authority to Digital Realm

This revision expands the authority of the Indonesian Broadcasting Commission (KPI) to digital broadcasting, including content distributed through internet platforms such as YouTube, Instagram, and TikTok. This raises concerns about the restriction of  press freedom and creativity in the digital space as based on the proposed amendments digital content must adhere to the same rules as non-digital or print  content, despite differences in technological characteristics.

The digital platforms are defined by the  KPI as  digital content available on internet platforms. This definition, explained in Article 1 number 15 states that "Digital Broadcasting Platform" is a telecommunications communication tool that allows direct interaction between information providers and recipients, or between broadcasters and users to exchange or obtain information. Meanwhile, the digital broadcasting platform operator refers to individuals or institutions that manage broadcast content through Digital Broadcasting Platforms, as regulated in Article 1 number 16.

Threats to Press Freedom

The expansion of KPI’s authority in the Broadcasting Bill requires broadcasting journalism products to adhere to KPI regulations, whereas previously this was regulated and supervised by the Press Council in accordance with the Press Law. This raises the potential for overlapping authorities and threatens press freedom.

In the draft Broadcasting Law, however, Article 25 paragraph 1(q) gives exclusive authority for handling journalistic disputes to the KPI. This has the potential to replace the role of the Press Council, which has hitherto handled journalistic dispute cases in the broadcasting field. The transfer of authority could complicate the resolution of journalistic disputes.

In addition, the ban on exclusive investigative journalism broadcasts is also considered to threaten press freedom by limiting the broadcast of investigative journalistic works in broadcasting media. Furthermore, Article 56 paragraph 2 in the draft Broadcasting Law also prohibits exclusive broadcasts of investigative journalism, which could reduce media freedom in reporting news in an in-depth and comprehensive manner.

Moreover, there are excessive restrictions on digital content. The Broadcasting Law revision establishes prohibitions considered excessive and open to interpretation on digital content, including prohibitions on broadcasts related to narcotics, gambling, cigarettes, alcohol, violence, or mystical elements. Consequently, digital broadcasts are subject to the same sanctions as conventional broadcasts if they violate these rules, making them vulnerable to arbitrary use.

Call to Action

Against the above backdrop, in order to address these problems, the ASEAN SOGIE Caucus calls on the DPR RI to delay the discussion of the Broadcasting Bill, remove all discriminatory and undemocratic provisions that limit press freedom, opening up broad public participation, and guaranteeing freedom of expression as mandated by the Constitution of the Republic of Indonesia.

Indonesia claims to be the most democratic and respectful of civil rights in the region, but passing this legislation will prove that Indonesia is no different from other authoritarian countries in the region that excessively control freedom of expression, speech, and press freedom.

While acknowledging that states may impose limitations on freedom of expression under certain circumstances, such restrictions must adhere to human rights standards - legality, necessity, and proportionality. Any restrictions on freedom of expression should not be rooted in discrimination. However, the current Indonesia Broadcasting Bill possesses the potential codification of social stigma of persons based on their SOGIE (LGBT persons) that will hinder them from participating meaningfully in public life, and in democratic processes. Restrictions should be implemented to uphold democratic principles and human rights standards.

__________________

*For media and other query contact Lini Zurlia, Advocacy Manager  at This email address is being protected from spambots. You need JavaScript enabled to view it. / This email address is being protected from spambots. You need JavaScript enabled to view it.

 

^[1] Draft of the Indonesia Broadcasting Bill as of March 27, 2024.