JAKARTA – Many parties regret the lawsuit judicial review submitted by RCTI and iNews related to Article 1 paragraph 2 of the Broadcasting Law to the Constitutional Court (MK). The lawsuit was filed because he considered that there were differences in the treatment of Netflix and YouTube with conventional television in the Broadcasting Law.
In their lawsuit, the two private television stations requested that any broadcasting operator using the internet must comply with the Broadcasting Law. According to a social media observer and Head of SAFEnet’s Access to Information Division, Unggul Sagena, the RCTI and iNews lawsuit is deemed inappropriate and does not keep up with existing infrastructure developments.
“Due to service developments Over The Top (OTT) which uses the internet infrastructure is very diverse and will develop. The rules are also not just from the Broadcasting Law, “said Unggul when contacted VOI, Friday 28 August.
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Unggul explained that the definition of broadcasting using public frequencies is regulated by the government, so there needs to be a license and so on. Meanwhile, streaming or live video using the internet network on social media platforms is not included in the current definition of broadcasting.
Prior to this lawsuit there were also other issues that pushed for the revision of the Broadcasting Law by incorporating the idea of ’digital broadcasting’ in it. Excellence admitted, the convergence of these regulations is indeed not easy, but it does need to be discussed in the future.
“There is a lot that needs to be discussed, including supervision, for example KPI, press councils and others. Because social media is not the frequency used, but data, information and multimedia content that uses the internet,” said Unggul.
“The term is OTT. There is the Telecommunications Law, the ITE Law, the Pornography Law, the Copyright Law, the Trade Law, as well as the ITE Law which is adapted to existing OTT services. That is for business,” he added.
Unggul also sees that the reason for the request for a judicial review of the Law to give birth to equal treatment and protection of welfare, is actually irrelevant. Because not all YouTube content is made, Instagram Live is economic when compared to conventional and business media platforms.
According to Unggul, this is different from broadcasting institutions like RCTI. Even if you get an economic impact, other schemes can also be done. Platforms like YouTube and other streaming services can adjust to the rules.
“For example, there are business accounts and so on. Social media has also been used as an extension by conventional media too, so the creativity of their digital marketing has to adjust to the times. Because people move away from conventions because of the content that doesn’t suit them. Here creativity and innovation. which is tested by every media-based business entity, “explained Unggul.
Rcti is not okay
– BABAH (@ustadchen) August 28, 2020
He also did not agree that the expansion of Article 1 paragraph 2 of the Broadcasting Law would later regulate public freedom of expression on the Internet. Where the definitions of digital video call broadcasting or live streaming must comply with the Broadcasting Law.
“In fact it will threaten the freedom of expression of the people, this is another blow to democracy and freedom of expression in the cyber world,” he added.
Even if they want to remain competitive, Unggul asks RCTI and iNews to increase their broadcast content so that they can reach the public. “So it’s good for broadcasting institutions like RCTI to wait for the results while increasing creativity and innovation to optimize out reach market or consumers through social media, ”
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