RATNA KOMALA

PRESS COUNCIL OF INDONESIA

Dicussion on Freedom of The Press

Bangkok, February 14-15, 2017

“The Challenges of Protecting Press Freedom

in a Divided World”

Four Pillars of Democracy Press is The 4th Pillar of

Democracy

Executive (Government)

Legislature (Parliament &

State Assemblies, etc)

Judiciary (Supreme Courts,

High Court & other judicial

centers)

Media (Televisions,

Internet, Newspapers,

Radio) => has greater

potential to empower

citizens.

Freedom of The Press

Provide informations for

the public to fulfil the Right

to Information

As a vehicle for citizens to

convey their thoughts and

opinions

To control & monitor

governmental activities as

part of public participatory

role in running a country.

Freedom of The Press :

Experiences of Indonesia

Transition from the authoritarian New Order

to the democratic Reformation Order.

(Before 1998 The Indonesian Press had been controlled by the authoritarian regime over 30 years)

Since then, the Indonesian Press has the right to seek out, obtain, and broadcast any ideas and informations, free from coercion and interference from any parties.

•1. Indonesian Political Reforms

1998

Freedom of The Press :

Experiences of Indonesia

The Indonesian transition to democratic country

was marked by The Press Law No.40 of 1999 :

Article # 6 :

1. Fulfiling the public’s right to information

2. Upholding basic values of democracy, the realization of law supremacy and basic human rights, and respecting pluralism

3. Developing honest, fair and accurate public opinion

4. Supervision, critiques, corrections and advice for issues relating to public interest

5. Fight for justice and truth

2. MEDIA REGULATIONS : The

Enactment of The Press Law No 40

of 1999

Freedom of The Press :

Experiences of Indonesia

Article 5 Law No.40 of 1999 :

The Indonesian press also has the responsibility of reporting incidents and opinions while respecting religious and social norms, and assuming the presumption of innocence

The Law eliminates various shackles on freedom of the press, such as eliminating The business license system (SIUP), so there was no more power to revoke the SIUP

MEDIA REGULATION

Freedom of The Press :

Experiences of Indonesia

Act No. 32 0f 2002 is a law that regulates Broadcasting Operation Principles Applicable in Indonesia, includes the principles, objectives, functions and direction of national broadcasters, regulates the provision of the Indonesian Broadcasting Commission (KPI)

The Indonesian Broadcasting Commission (KPI)

KPI is an independent body which has duties : to make sure that people receive adequate and accurate information according to the human rights, assist broadcasting infrastructures adjustment, develop a healthy competition of broadcasting agencies and related industries, maintain a fair, equal, and balanced national information so it could contain, study, and follow up people's reports, protests, critics, and appreciations to broadcasting organizing, and arrange a plan to improve human resources that could guarantee the professionalism in broadcasting industry.

3. The Enactment of Act No 32 0f 2002

about Broadcasting

The Indonesian Broadcasting Commission

(KPI)

KPI has the rights to set the standards of broadcast

programs, set the regulations of broadcasting & the

guide for broadcasting, monitor the implementation

of the regulation & guide of broadcasting and

monitor the broadcast program standards, give

sanctions to those who violate the regulations,

guide, and standards, and coordinate and/or work

together with the government, broadcasting

agencies, and the society.

Freedom of The Press :

Experiences of Indonesia

Freedom of The Press :

Experiences of Indonesia

Press Council of Indonesia :

The independent Press Council of Indonesia was established based on article 15 Law No. 40 of 1999: to develop the independence of the press and improve the profesionalism of the national press.

Before The 1998 Reforms, The Indonesian Press Council was part of the government whose the Minister of Information as The Chairman of Press Council and as the Advisory Board of Government.

4. Press Council of

Indonesia

Freedom of The Press :

Experiences of Indonesia

Press Council of Indonesia :

Since the Press Law no 40 of 1999 has been

enacted, the members of Press Council of

Indonesia consist of

(1) Representatives of journalist associations

(2) Representatives of Press Corporations

(3) Media Experts .

Press Council of

Indonesia

Freedom of The Press :

Experiences of Indonesia

The Functions of Indonesian Press Council :

1. To protect and maintain press freedom from

interference by other parties,

2. Conducting studies for the development of the

press,

3. Establish and oversee the implementation of the

code of ethics of journalism,

4. Resolving public complaints on cases related to

press publications

5. Facilitate good communications among The

Press, The society and The government

Press Council of

Indonesia

Freedom of The Press :

Experiences of Indonesia

The Functions of Indonesian Press Council :

6. To fasilitate and assists media corporation in

formulating press regulations and to improve the

quality and professionalism of their journalists

7. To compile data base of press corporations

Press Council of

Indonesia

Freedom of The Press : Experiences of

Indonesia

Regulations and

Guidelines

1. Journalism Code of

Ethics

2. Complaints Filing

Procedures to The Press

Council

3. Right of Reply Guidelines

4. Standard for Protection of

the profession of

journalists

5. Standard for Press

Corporations

6. Standard for Journalists’s Organizations

7. Standard for Press Corporation Organizations

8. Standard for Journalists Competence Test

9. Distribution Guidelines for Adult Print Media

10. Guidelines for Cyber Media coverage

11. Guidelines for Terrorist Coverage

MEDIA AS SELF REGULATORY ORGANIZATION

These various regulations compiled by the press communities which was

facilitated by Indonesian Press Council and can briefly describe how the efforts

of Indonesian Press Communities to safeguard and enhance press freedom

trough self-regulation.

The Challenges of Protecting Freedom of The Press

:

Experiences of Indonesia

• Conflict of interest of the Media in Presidential

Election in 2014 and Governor Election in 2017

(since the Media Owners joined political party)

• Ethics violations resolved by the Press Council

with the press law No. 40/1999 which

recommends the Media to apologize to the public

and fulfil Right of Reply and Right of Correction

and never recommend media and journalists

prosecuted in court

5. Freedom of The Press vs Political

Interest of The Media Owner

6. Social Media as Propaganda Instrument vs

Professional Mainstream Media

The development of New Media technology changed

the Media Landscape in Indonesia

Online Media and Social Media have been grown up

significantly, brought up new approach on producing

and consuming information/news by the public

(producing and disseminating Hoax, fake news etc).

Online Media and Social Media as an Isntrument of

Propaganda in Presidential Election 2014 & Governor

Election 2017

Public distrust towards Mainstream Media

6. Electronic Information and Transaction Law No

11 of 2008

& Its Revised

The Revised of Electronic Information and Transaction Law No 11 of 2008 was issued in 2016 : In attention to security and legal certainy in the usage of information technology, media, and communications, in order to develop in an optimal manner.

There are accordingly three approaches to maintain cyberspace security, i.e. :

- legal aspect

- technological aspect,

- social, cultural, and ethics aspect

7. Positioning and Empowering Mainstream

Media as War Against Hoax

To ensure press freedom and to meet the public right to obtain correct information :

Indonesian journalist requires a moral foundation and professional ethics as guidance for securing the public trust

Upholding Professionalism of Media and Journalist, stick to principles of journalism and Code of ethics of Journalism.

Digital Literacy and Media Literacy Programs by Press Council of Indonesia

Journalist Competence Sertification

National and Regional Cooperations

National

- MoU Indonesian Press Council with The Indonesian Police

- MoU Indonesian Press Council with The Indonesian Military

Regional

In 2016 :

- MoU Press Council of Indonesia with Press Council of Thailand, Timor Leste dan Myanmar, including to help the establishment of a Press Council Timor Leste and Myanmar, where the structure of organization and work patterns of Indonesian Press Council have been adopted.