The Indonesian Broadcasting Commission (the “KPI”) has recently issued KPI Decision No. 009/SK/KPI/8/2004 on Broadcast Behavioural and Program Standards Guidelines (the “Decision”).  The decision was issued to regulate the quality of broadcast.

The Decision consisted of 82 (eighty two) articles and 9 (nine) chapters. It refers expressly to the Law No. 32 of 2002 on Broadcasting, Law No. 8 of 1992 on Film, and Law No. 40 of 1999 on the Press in terms of establishing basic religious, moral, and other standard norms. The Decision also refers to the need to establish a publicly acceptable Code of Ethics, Professional Standards, and a set of Behavioural Guidelines.

Article 5 enumerates the general guidelines for broadcast and Article 6 enumerate the minimum broadcasting behavioural standards applicable to all Indonesian broadcasters.

Chapter III elaborates the requirements in broadcasting factual program or non fictional programs such as news, features, documentaries, reality show, discussion, talk show, etc ("Factual Program"). Article 9 of this chapter requires broadcasters to follow basic journalistic principles namely, that a program is to be impartial and non-partisan. Furthermore, it requires to utilize Indonesian language that is proper and correct irrespective of whether it is written or verbal, especially in news. Article 10, 11 and 12 respectively elaborates the requirement of accuracy, fairness and neutrality. Article 20 stipulates that news or information on family conflicts may not be exposed exaggeratingly as the privacy need to be honoured. Article 21 stipulates that hidden cameras can only be used in public places, it may not be broadcasted directly (live) and individuals on tape may refuse the result of the taping.

Article 24 stipulates that information which may provoke panic, trigger conflicts or encourage riots may not be directly broadcasted. In broadcasting such information it is required to keep neutrality.

Chapter IV enumerates the requirement of decency and politeness for programs. Any programs containing dominant violence content, or containing explicit and vulgar violence may only be aired after 10 pm. Article 33 regulates broadcasting for violence, accident and disaster for factual programs. It prohibits the taking close-up pictures of victims who are injured or multilated. Blood spills as a result of violence must be disguised on TV. Duration and frequency of explicit shooting towards victims must be limited. Criminal reconstruction may not be aired in detail and a prior permission from the victim’s family is required for broadcasting the recnstruction.

Article 41-50 regulates broadcasting of sexually related content. Passionate kiss is prohibited from broadcasting by article 41. Sexual intercourse or anything that can be associated with sexual intercourse may not be aired. Voices, sounds or conversation leading to sexual intercourse is prohibited. Broadcasted programs may not contain any justification toward extra marital sexual relationship.  

Broadcasters are prohibited from airing program that pictures the use of alcohol and consumption of cigarettes as a socially acceptable behavior. They are also prohibited from airing program that will encourage the use of alcohol and cigarette in children or teenager.

Factual Program with supernatural, magical, content may only be aired around 22.00-03.00, so does its promotion clip, unless provided in the form of running text. No manipulation of sound or picture effect so as to leave the impression that the ghost or creature is captured by camera is allowed.

Programs will further be rated into 4 classes, namely A, for children under 12 years old, R for teenagers 12-18 years, D, for adult and SU for all ages.

Violation to this decision may cause administrative sanction in the form of written warning, suspension of the program in question, limitation of duration, administrative fines, suspension of the broadcasting license, refusal of license's renewal or revocation of broadcasting license. (mma)