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Broadcasting expert for the Government Lily Rustandi and witness for the Ministry of Communication and Informatics Charles Michael Bura giving their statements in the judicial review hearing of the Information and Electronic Transactions (ITE) Law and the Copyright Law, Tuesday (10/3) in the Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The judicial review hearing of Law No. 11 of 2008 concerning Information and Electronic Transactions (ITE) and Law No. 28 of 2014 concerning Copyright took place on Tuesday (10/3/2020) at the Constitutional Court (MK). The session heard statements of the Government’s witness and expert Lily Rustandi, a broadcasting expert, and a witness for the Ministry of Communication and Informatics Charles Michael Bura.

"In the Broadcasting Law there is no definition of re-broadcast. The definition [stated therein] is the term broadcast, that the broadcast is a message or series of messages in the form of sound, images, or sound and pictures, or in the form of graphics, characters, whether interactive or not, that can be received through a broadcast receiver," Lily said to the panel of justices led by Chief Justice Anwar Usman.

Lily said the Broadcasting Law also regulates the protection of copyright of a broadcast. There is a provision stating that in broadcasting broadcast programs, broadcasting institutions must include broadcasting rights. In addition, the broadcasting right of each broadcast program are protected based on existing laws and regulations. 

"The Copyright Law regulates the protection of the economic rights of broadcasting institutions for broadcasts/broadcast works that they have. The economic rights of broadcasting institutions include the right to broadcast, give permission, or forbid another party from re-broadcasting broadcasts, broadcast communication, broadcast recording and/or of duplication of broadcast recording," Lily explained. She also explained that anyone is prohibited from distributing broadcasting content without permission for commercial purposes. 

 Also read: Banned from Transmitting Electronic Information, Broadcasting Company Challenges ITE Law 

Bura stressed that broadcasters are required to have broadcasting licenses, so they must apply for a broadcasting permit. 

"They must prepare administrative documents, technical documents, and documents for broadcast programs. These documents will be evaluated by the Ministry of Communication and Informatics and the Indonesian Broadcasting Commission," Bura said. 

Bura added that the broadcast program includes the number of broadcast program channels, broadcast program duration, and broadcast program contents. "After the documents are submitted and evaluated by the Indonesian Broadcasting Commission, [the Commission] will issue a feasibility recommendation, which will be brought to a joint meeting forum of the Ministry of Communication and Informatics and the Indonesian Broadcasting Commission," he said. 

The case No. 78/PUU-XVII/2019 was petitioned by PT Nadira Intermedia Nusantara, who challenges Article 32 paragraph (1) of the ITE Law that reads, "Any person who knowingly and without authority or unlawfully in any manner whatsoever alters, adds, reduces, transmits, tampers with, deletes, moves, hides electronic information and/or electronic records of other persons or of the public." 

They also challenge Article 25 paragraph (2) letter a of the Copyright Law that reads, "The economic rights of Broadcasting Organizations as referred to in Section (1) include the exclusive right to authorize or prohibit others from engaging in: a. Rebroadcasting of a broadcast.…" 

The Petitioner argued that they had been disadvantaged by the enactment of Article 25 paragraph (2) of the Copyright Law because they were deemed having done "re-broadcast." The Petitioner, who exercises the provisions of the Broadcasting Law to distribute at least 10% of the programs of public broadcasters (TVRI) and private broadcasters (private TV-stations that broadcast free to air), was reported by PT MNC SKY VISION to the police for rebroadcasting MNC Group\'s TV contents. (Nano Tresna Arfana/Halim/LA)

Translated by: Yuniar Widiastuti

Translation uploaded on 3/11/2020

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