Newly passed law banning online pornography 'needs clear definition'

Lilian Budianto ,  The Jakarta Post ,  Jakarta   |  Wed, 03/26/2008 1:15 AM  |  Headlines

Failure to provide clear definitions in a new law banning online pornography will hamper its enforcement, the government is being warned.

Legislator Abdullah Azwar Anas of the National Awakening Party (PKB) said the government must clearly define the terms "immorality" and "pornography" contained in the law on information and electronic transactions passed by the House of Representatives on Tuesday.

The law criminalizes the use, transmission and provision of pornographic websites.

Abdullah said the government should also use the clear definitions for reference when issuing regulations to implement the new law.

The law only briefly states providers and transmitters of information or pictures with immoral content could face a maximum sentence of six years in prison or a fine of up to Rp 1 billion (US$107,000).

Abdullah said although the terms immorality and pornography were still debated between feminist activists and conservatives, there needed to be an exact parameter upon which the two disputing groups could agree.

"I think nudity certainly falls within the category of pornography," he said.

"We can look for a position everybody can agree upon and avoid discussing controversial points that can draw us into a prolonged debate."

The lawmaker said the government had a one-year period to draft regulations to enforce the law and publicize it before it is implemented.

National Commission for Child Protection chairman Seto Mulyadi said clear-cut definitions of immorality and pornography were important to avoid controversy over the new law.

"I think pornography includes pictures or information that can arouse sexual desire. It doesn't necessarily mean nudity," he told The Jakarta Post.

"In many cases, nudity can serve as an educational object, let's say for example in biology class, or as an artistic object."

Seto voiced support for the new law, saying his commission has been flooded by parental complaints about widespread and easy access to porn sites.

"The Internet of course is not the only media from which children can obtain pornographic pictures or information. And children might still find tricks to access porn sites," he said.

"However, we have to appreciate the government's attempt to protect children from Internet abuse. We all need to monitor its implementation to make sure it works out."

Writer and director of Women's Journal Foundation, Mariana Amiruddin, said women supported the government's move to protect children from porn sites.

However, she expressed fears the new law would disadvantage women if there was a lack of understanding from censorship bodies.

"Censorship organizations might confuse education and art with pornography," she said.

"I think it is very important the government clearly defines what they mean by immorality to avoid multiple interpretations that can trigger future disputes during its implementation."

Information and Communications Minister Muhammad Nuh told Reuters members of the public had asked the government to block sites with violent and pornographic content, out of concern about their negative impact as more Indonesians gain access to the Internet.

The number of Internet users in the country is expected to hit 35 million this year, a 40 percent increase from 2007.

Nuh's office has made available software to block websites with adult content. The software can be downloaded from the ministry's website.

It plans to begin blocking all adult sites from April 1.

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