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Jakarta Post

Shrinking space for land and environmental defenders

The potential expansion of broadcasting regulations to the digital world could further restrict content while the ITE Law provides a legal framework for those seeking to silence critical voices.

Andre Barahamin (The Jakarta Post)
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Bogor, West Java
Thu, May 30, 2024 Published on May. 29, 2024 Published on 2024-05-29T18:45:47+07:00

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Shrinking space for land and environmental defenders Environmental activist Daniel Frits Maurits Tangkilisan gives a thumbs-up to his supporters on April 4, 2024, from a detainee car as he arrives at the Jepara District Court in Central Java. Daniel was sentenced to seven months in prison and fined Rp 5 million (US$315), or an additional month of imprisonment, for his statements on social media about pollution around Karimunjawa Island, which the court found to be false. (Antara/Aji Styawan)

T

he proposed revision of the Broadcasting Law and its potential combination with the existing Electronic Information and Transactions (ITE) Law raise serious concerns for civic space and the freedom of speech, particularly of land and environmental defenders (LEDs) who rely on online platforms for their advocacy.

While both regulations have distinct purposes, their potential impact on critical voices, especially those exposing human rights violations, is worrying.

The broadcasting bill seeks to bring online content providers under the purview of broadcasting regulations. This would subject content on social media platforms like YouTube and Facebook to stricter controls and potential censorship. While the bill aims to promote quality content and combat fake news, its broad definitions and potential for arbitrary enforcement pose a threat.

LEDs often utilize online platforms to document environmental destruction and human rights abuses linked to extractive industries. The bill's ambiguity regarding permissible content could restrict their ability to share crucial evidence. For instance, footage of deforestation or protests against land grabbing might be deemed disruptive or in violation of public order, hindering effective advocacy.

The bill threatens press freedom, content diversity and creativity in the digital space in Indonesia.

First, Article 56 paragraph 2 of the bill curtails press freedom by prohibiting "exclusive broadcasting of investigative journalism". This article can hamper journalists' efforts to reveal the truth and convey independent information to the public.

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Second, the bill gives overly broad authority to the Indonesian Broadcasting Commission (KPI). As we know, the KPI is an institution tasked with supervising broadcasting such as TV and radio. However, Article 1 paragraphs 9 and 17 of the bill indicate that the KPI would be given responsibility for supervising digital content as well.

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