MK Rejects RCTI's Lawsuit On Internet-Based Broadcasting

Constitutional Court Building (ANTARA)

JAKARTA - The Constitutional Court (MK) rejected the petition for reviewing Law Number 32 Year 2002 concerning Broadcasting submitted by PT Visi Citra Mulia (INews TV) and PT Rajawali Citra Televisi Indonesia (RCTI) regarding internet-based broadcasting.

In the hearing of the pronouncement of the verdict at the Court building, Constitutional Justice Arief Hidayat said the internet was not a medium or broadcast transmission.

The Constitutional Court assessed that other media referred to in Article 1 paragraph 2 of the Broadcasting Law are not the internet.

It is known that Article 1 point 2 of the Broadcasting Law reads in full "Broadcasting is the activity of broadcasting broadcasts by means of broadcasting and / or means of transmission on land, at sea or in space using the radio frequency spectrum by air, cable, and / or other media to be received in simultaneously and simultaneously by the public with the broadcast receiving device ".

"The inequality of character between conventional broadcasting and internet-based broadcasting is not correlated with the issue of discrimination, which according to the petitioners is caused by multiple interpretations of broadcasting definitions or definitions," said Arief Hidayat reading the considerations.

He said that over the top (OTT / internet-based) services cannot be equated with broadcasting only by adding to the meaning formula with new phrases. Incorporating internet-based broadcasting operations into the definition or definition of broadcasting without the need to change the whole law, he said, would actually create the problem of legal uncertainty.

With the rejection of the request, the public can still take advantage of the broadcast features of a number of social media.