Asia-Pacific Regional Press Freedom Seminar

Establishing the Press Council in Indonesia
Atmakusumah Astraatmadja
Chair, The Press Council of Indonesia

The creation of the new, first independent Press Council (Dewan Pers) in Indonesia is based on the Law No. 40 of 1999 on the Press which was enacted by the parliament (Dewan Perwakilan Rakyat, DPR) on September 13, 1999 and signed by President Bacharudin Jusuf Habibie on September 23.

The 1999 Press Law was the end result of political bargaining between the supporters of old and new paradigms among members of parliament and government leaders. The supporters of democracy and reformasi are not very happy with this law, saying that it still needs revision to fully guarantee press freedom in Indonesia. But some political leaders would say, even today, that the current Press Law is "too liberal".

The Law states that "anyone who acts against the law by deliberately taking action which could cause hindrance or obstructing the implementation of those stipulated in the article 4, paragraphs 2 and 3" could be imprisoned up to two years or fined up to Rp500 million. The two paragraphs state: "(2) Towards the national press there shall be no censorship, banning or prohibition to publish or broadcast. (3) To guarantee press freedom, the national press has the rights to look for, acquire and to disseminate ideas and information."

On the other hand, however, the Law stipulates that the press could be fined up to Rp500 million if they "do not pay heed to the right of reply" or if their news reports "do not respect religious norms and public sense of morality and the presumption of innocence." These stipulations have received strong criticisms from Indonesian journalists as interfering with editorial independence and creating multi-interpretations to the disadvantage of press freedom.

A friend of mine from the Indonesian Press and Broadcast Society (Masyarakat Pers dan Penyiaran Indonesia, MPPI) would say that the current Press Law indicates that Indonesian media community "has won 85 percent" of their fight to get press freedom. I myself is not that optimistic; I used to say that "we have won" no more than 75 percent. But my friend from the London-based Article 19 told me that we are considered lucky because media communities in other countries would usually get only "a little bit over 50 percent of victory" in their fight for press freedom.

Indonesia introduced the first Press Council in 1968. Unlike the tradition of most press councils in democratic countries, the original Indonesian Press Council had the function to give advices on press matters to the government, particularly the Department of Information and information ministers. The Council was established by the Department of Information and chaired by the minister of information.

The establishment of the independent Press Council under the current Press Law is not so much to control the press than to burden it with some of the duties of the old Department of Information. The department was dissolved by the government soon after Abdurrahman Wahid became president in October 1999.

Article 15 of the Press Law says that "a Press Council is established in an effort to develop freedom of the press and expand the existence of national press." It stipulates that the Council has the following functions:

• To protect freedom of the press from outside interference;
   
• To conduct studies to develop the existence of the press;
   
• To enact a journalistic code of ethics and control the compliance of the code;
   
• To give consideration and find solutions to complaints lodged by public towards cases concerning press reports;
   
• To develop communication between the press, public and government;
   
• To facilitate press (journalists and media owners) organizations in establishing media regulations as well as to increase the quality of journalistic professionalism;
   
• To gather data of media companies.

Members of the Press Council, to be endorsed by a Presidential Decree, include:

• Journalists nominated by journalists associations;
   
• Executive members of media companies nominated by media owners associations; and
   
• Public figures nominated by journalists and media owners associations.

Chairman and vice chairman of the Press Council are appointed from and by members.

The period of membership of the Press Council is three years and can only be extended for an additional one period.

The financial sources for the Press Council are journalists and media owners associations, media companies and unattached assistance from the state and contribution from others.

The independent Press Council started functioning upon its formal inception on April 19, 2000, the date of the Presidential Decree (No. 96/M of 2000) endorsing the currently nine elected members of the Council.

The daily works of the Council are conducted by the Daily Executive Committee which consists of the chair and vice chair of the Council and the executive director of the office of the Council.

The Press Council also sets up a Commission for Public Complaints and the Upholding of the Press Code and a Commission of Laws and Regulations.

The Commission for Public Complaints and the Upholding of the Press Code is assigned to formulate and supervise the observance of the press code as well as to assist in the search for settlement of public complaints in cases related to press reports. The commission's decisions are nonlegalistic; its conclusions and views in helping settle disputes between the public and the press are educational of nature, and not meant to be punitive. The decisions issued by the Press Council have the nature of moral sanctions.

The Commission of Laws and Regulations has the task of facilitating, striving for, or proposing the drafting of legislation that provides further guarantee for freedom of the press and of expression as well as access to information. This commission also studies and reviews legislation that is potentially harmful to press freedom.

The Press Council accepts public complaints about media contents covering news reports, editorials, pictures (photographs and illustrations, including caricatures) that have been publicised by the media. The Council does not accept complaints regarding advertisements in the media that are deemed harmful to the community.

The Press Council will not handle complaints related to media reporting that is under due process of law or being tried in court or that might be used in a court trial, unless the complainant is prepared to sign a statement pledging not to use the Press Council's recommendation in any legal process or court trial.

In its first meeting with members of of Commission One (in charge of, among others, information) of the House of Representatives (DPR) on June 6, 2000, the Commission supported the conventional method to settle disputes between the press and members of the public who feel offended, or even slandered, by press reports.

Upon hearing the statement of the Press Council at the public hearing session, the Commission agrees with the Press Council that, in the event of a conflict between the public and the press, the normal channels either in Indonesia or in any other country to be taken are:

First: Settlement through the right of reply.

This method of settlement gives opportunity to individuals or groups in the community as news sources or objects of news reporting to present their versions that differ from or run counter to the contents of the published or broadcast report.

This is the shortest, most practicable, and least expensive channel in terms of both energy and cost.

The right of reply is also guaranteed in Law No. 40 of 1999 on the Press, Article 5, Paragraph (2) ("The press is obliged to serve the Right of Reply") and Article 18, Paragraph (1) ("Press publishing companies that violate the stipulation in Article ... Paragraph (2) ... are sentenced to fines of at most Rp500 million").

With respect to the formulation of the right of reply, the 1999 Press Law explains: "The Right of Reply is the right of any person or group of persons to respond or object to news reporting in terms of facts that are deemed harmful to the person or group of persons concerned" (Article 1, Paragraph 11).

Second: Settlement through the Press Council.

If the two sides are unable to reach agreement and a settlement, they can call in the assistance of the Press Council as mediator.

Settlement through the Press Council usually requires more time, probably several weeks or even months, depending on the simplicity or complexity of the case.

The Press Law of 1999, Article 15, Paragraph (2), Item d says: "The Press Council ... offers advice and strives to acquire solutions to public complaints about cases related to press reports."

Third: Settlement through legal channel.

This is the final solution. When one or both sides are not satisfied with the recommendation or decision of the Press Council, or either side or both do not wish to ask the assistance of the Press Council, he/she/they can go through the legal channel, namely the court.

As stated by the House of Representatives' Commission One, this is "the longest road" available to conflicting parties. Next to taking months, or even years, this effort is the most energy and cost consuming.

Fourth: In addition to approving of the three channels for settlement, Commission One suggested another alternative for settling public disputes with the press.

That involves the public's power and capacity to apply "social punishment" by boycotting or ignoring "dishonest" press publications. In other words, members or groups of members of society can refrain from buying print media publications or watching television broadcasts that are "dishonest" or in dispute.

With the availability of the four channels for endeavoring to end conflicts between the public and the press, members of parliament hope that there will not be any more physical pressures or violent actions by any social group against the press which could harm and hinder either press freedom or the flow of information needed by the public.

The concern of the parliamentarians about public disputes with the press was expressed by among others Sophan Sophiaan who said that "the upholding of freedom of the press is our common duty." He added that the Press Council "should defend the public."

Ishak Latuconsina doubted the effectiveness of the Council, saying that "I cannot see clearly the Press Council's source of power to discipline members of the press and the public in general."

However, Sutradara Gintings shared the Press Council's view that, customarily, the power of an institution like this one rests with "the public's power to force" and that the Press Council "is not a law enforcer, as it only has moral force."

Atmakusumah Astraatmadja

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