RCTI And INews' Lawsuit Regarding The Broadcasting Law Was Decided By The Constitutional Court On The Day After Tomorrow

JAKARTA - The Constitutional Court (MK) is scheduled to hold a hearing to pronounce the judicial review decision on Law Number 32 of 2002 concerning Broadcasting submitted by PT Visi Citra Mitra Mulia (INews TV) and PT Rajawali Citra Televisi Indonesia (RCTI) on Thursday, January 14.

Quoted from Antara, Tuesday, January 12, the Constitutional Court has held eight hearings for the case from June to November 2020.

RCTI and INews TV filed a petition for reviewing the Broadcasting Law because they considered that the regulation of internet-based broadcasting in the law was ambiguous and caused legal uncertainty.

According to the petitioners, the state must be present in broadcasting activities as a form of protection for its citizens, including in virtual jurisdiction. Moreover, the migration of conventional broadcast users to internet-based broadcasts is significant.

Applicants say that the regulation on broadcasting via the internet cannot only rely on self-regulation from application service providers or internet ethics from netizens.

However, the Ministry of Communication and Information Technology (Kominfo) in its statement at the trial said that if the RCTI and INews TV lawsuit is granted, the implications are very large and broad and can cause legal uncertainty in the broadcasting industry and in the order of people's lives.

Expanding the definition of broadcasting will classify broadcast activities on social media platforms, such as Instagram TV, Instagram Live, Facebook Live and Youtube Live as broadcasting that must be licensed.

The use of video telephony via messaging applications and online meeting services may also enter into broadcasting.

If activities on social media are also categorized as broadcasting, individuals, business entities or legal entities will be forced to have a license to become a broadcasting institution.

This had attracted public attention for fear that the freedom to use broadcast services on social media would be closed.