Mapping Media Policy in Indonesia Report Series Engaging Media, Empowering Society: Assessing Media Policy and Governance in Indonesia through the Lens of Citizens’ Rights Oleh A joint research project of Yanuar Nugroho Muhammad Fajri Siregar Shita Laksmi Supported by Mapping Media Policy in Indonesia Published in Indonesia in 2013 by Centre for Innovation Policy and Governance Jl. Siaga Raya (Siaga Baru), Komp BAPPENAS No 43. Pejaten Barat, Pasar Minggu , Jakarta Selatan 12130 Indonesia. www.cipg.or.id Cover designed by FOSTROM (www.fostrom.com); all rights reserved. Except where otherwise noted, content on this report is licensed under a Creative Commons Attribution 3.0 License Some rights reserved. How to cite this report: (Nugroho, Siregar, and Laksmi, 2012) - Nugroho, Y., Siregar, MF., Laksmi, S. 2012. Mapping Media Policy in Indonesia. Report Series. Engaging Media, Empowering Society: Assessing media policy and governance in Indonesia through the lens of citizens’ rights. Research collaboration of Centre for Innovation Policy and Governance and HIVOS Regional Office Southeast Asia, funded by Ford Foundation. Jakarta: CIPG and HIVOS. Centre for Innovation Policy and Governance i Mapping media policy in Indonesia Acknowledgements The research was funded by the Ford Foundation Indonesia Office and undertaken by the Centre for Innovation Policy and Governance (CIPG), Jakarta and HIVOS Regional Office Southeast Asia Principal Investigator : Dr. Yanuar Nugroho, University of Manchester Co-investigator (CIPG), Coordinator : Mirta Amalia Co-investigator (HIVOS) : Shita Laksmi Researchers (CIPG) : Muhammad Fajri Siregar Leonardus Kristianto Nugraha Dinita Andriani Putri Academic advisors : Dr. B. Herry-Priyono, STF Driyarkara, Jakarta Dr. Sulfikar Amir, Nanyang Technological University, Singapore Throughout the research, the team received huge support and assistance from numerous Indonesian media companies, public policy makers, civil society contacts and partners, and individuals who participated in our study in survey, interviews, focus group discussions and workshops. We particularly owe thanks and gratitude to Ignatius Haryanto, Paulus Widiyanto, R. Kristiawan, Aliansi Jurnalis Independen (Alliance of Independent Journalists), Ria Ernunsari, Ahmad Suwandi, all participants of the CREAME (Critical Research Methodology) training, Combine Resource Institution and Ambar Sari Dewi (Yogyakarta), our compatriots in community radios; Radio Sadewa, JRKY (Yogyakarta Network of Community Radio), and the interns at CIPG: Satrya P. Adhitama and Jauharul Anwar, who have been a big help during the research. Kathryn Morrison read and corrected the language of this report. Centre for Innovation Policy and Governance iii Mapping media policy in Indonesia List of abbreviations AJI Aliansi Jurnalis Independen / Alliance of independent journalists APJII Asosiasi Penyelenggara Jasa Internet Indonesia/ Indonesian Internet Service Provider Association ATVJI Asosiasi Televisi Jaringan Indonesia / Association of Indonesian Network Television ATVSI Asosiasi TV Swasta Indonesia/ Association of Indonesian Private TV Broadcasters ATVLI Asosiasi Televisi Lokal Indonesia / Association of Indonesian Local TV Broadcasters BAPEPAM-LK Badan Pengawas Pasar Modal – Lembaga Keuangan / Supervisory Body for Capital Market and Financial Institutions BPS Central Bureau for Statistic BPPT Badan Pengkajian dan Penerapan Teknologi / The Agency for The Assessment and Application of Technology BRTI Badan Regulasi Telekomunikasi Indonesia / Indonesia Telecommunication Regulation Body Deppen Departemen Penerangan / Department of Information EMTEK Elang Mahkota Teknologi FTA Free To Air (for Television) IPPP Izin Prinsip Penyelenggaraan Penyiaran / Principal Broadcasting Permit ISAI Institut Arus Informasi Indonesia / Institute for the Study of Free Flow Information ISP Internet Service Provider ITU International Telecommunication Union JPNN Jawa Pos National Network KIDP Koalisi Independen untuk Demokratisasi Penyiaran / Independent Coalition for the democratisation of Broadcasting KPI Komisi Penyiaran Indonesia / Indonesian Broadcasting Commission KPPU Komisi Pengawas Persaingan Usaha / Commission for the Supervision of Business Competition KUHP Kitab Undang-undang Hukum Pidana / Criminal Code MASTEL Masyarakat Telematika Indonesia / Indonesian Telematics Society MNC Media Nusantara Citra MPPI Masyarakat Pers dan Penyiaran Indonesia / Indonesian Press and Broadcasting Society NAP Network Access Provider NGO Non-governmental organisation OSF Open Society Foundation POP Point of Presence PP Peraturan Pemerintah / Government regulation Prolegnas Program Legislasi Nasional / National Legislation Program PRSSNI Persatuan Radio Siaran Swasta Niaga Indonesia / Indonesian Private Commercial Radio Broadcasters Association PWI Persatuan Wartawan Indonesia / Indonesian Journalists Union RCTI Rajawali Citra Televisi Indonesia RRI Radio Republik Indonesia / Radio of the Republic of Indonesia SCTV Surya Citra Televisi Indonesia SIUPP Surat Izin Usaha Penerbitan Pers / Press Publication Enterprise Permit SPS Serikat Penerbit Surat Kabar / Newspaper Publisher Union TVRI Televisi Republik Indonesia / Television of the Republic of Indonesia USO Universal Service Obligation UU Undang-Undang / Law Centre for Innovation Policy and Governance v Mapping media policy in Indonesia Executive Summary The aim of this research is to highlight the trajectory of media policy in Indonesia and to assess its impacts on the different forms of media themselves and on the citizens and their rights, particularly with regards to their media rights. Such rights, in this study, are referred to as the right to access media infrastructure, to access trustworthy information and quality media content, and to participate in the media policymaking process. We have arrived at several key findings, as outlined below. 1. Historically, the 1998 reformasi (reform) was a major turning point and is understood as being the main trigger in ensuring the citizen’s rights to media. Following this came the second amendment of the UUD 1945 and the Human Rights Law No 39/1999 that guaranteed the right to information and media for citizens. Two policies in the post reformasi period constitute the main media regulatory framework, i.e. the Press Law No 40/1999 and the Broadcasting Law No 32/2002. These two Laws, normatively, are in the right direction: they have ensured the basic precondition for citizens to practice the freedom of expression and speech. However, when it comes to implementation, the story is different. 2. Media policies have failed to regulate the media as an industry. Existing policies are incapable of mitigating the excessively profit-driven logic of the media. As such, policymakers and state officials have failed to set a clear limitation between monopoly and oligopoly. The absence of a particular policy that acknowledges the commercial aspects of media industry and particularly governs its activities, is one of the enabling factors of its rapid expansion. Although Broadcasting Law No 32/2002 inserts limiting variables in the Article 18 and prohibits cross ownership (kepemilikan silang), the following Government Regulation No 50/2005 fails to pick up on the matter. As a future agenda, media policies need to treat the media industry as a particular sector, considering that the industry is using public goods and should not be given the freedom to utilise them according to its own interests. The key here is realising that media industry must be separated from other industries, as its impact exceeds rational economic calculations. 3. A bigger impact on media, and citizen’s rights to media, are to a great extent imposed by non-media regulating policies. Examples of such policies are the Electronic Transaction and Information (ITE) Law No 11/2008, Pornography Law No 44/2008, and the Criminal Code (KUHP). These policies are often steered by the arguments of public morality and contain vague, unclear definitions in regulations. Citizens and media workers are thereby always in danger of being criminalised and accused of defamation. The use of these vague articles is also the easiest way to shut the opinions of the public down. Public opinion is not only hampered by policies, but also by the industry’s agenda. Self-censorship practices and the vested interests of media owners are apparent in the agenda-setting of the media, and threaten the existence of an open public sphere. 4. The implementation of the siaran berjaringan (network-based broadcasting) system remains Centre for Innovation Policy and Governance vii Mapping media policy in Indonesia central in democratising the broadcasting system. Thereby, revising the Broadcasting Law will be a crucial test for everyone involved, as is its implementation. The failure of its implementation will significantly contribute to the homogenisation of media, and harm the principles of diversity of content and diversity of ownership. The system is seen as a threat to the industry and has been constantly tolerated by both state authorities and industry. As a result, Jakarta-based TV stations have extended their reach and domination over local TV channels and broadcasters. The end beneficiary however, namely the citizen, is left with more choice of channels, but less option in content. 5. In regard to the failure of implementing the siaran berjaringan (network-based broadcasting) system, private broadcasting has dominated the broadcasting scene and is the main, when not sole, choice