Policies and Measures that Support the Diversity of Media Ownership

Ministry of Communication and Informatics
Describe the main features of the policy/measure: 

One of the policies that supports diversity in media ownership is Draft Law on Amendments to the Law 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. In principle, the government enacted Law 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition to ensure the certainty of equal business opportunities for every business actor in Indonesia and create a conducive business climate through the regulation of fair business competition. However, the law needs to be adjusted to accommodate the development of increasingly globalized business competition, especially in the ASEAN region with the establishment of the ASEAN Economic Community (AEC) in 2015. The AEC is a significant milestone in the regional economic integration agenda in ASEAN. The Draft Law needs to be adjusted to the 2010 ASEAN Regional Guidelines on Competition Policy because despite being a non-binding soft law for ASEAN members, the Regional Guidelines is the first step, a starting point towards harmonizing business competition law in the ASEAN region. The 2025 ASEAN Competition Action Plan clearly defines the roadmap towards harmonizing business competition policies and laws in the ASEAN region.

If we map media ownership in Indonesia, there are eight national mass media corporations and three giant state/public-owned media companies namely TVRI, RRI, and Antara News Agency, and some local media companies in the regions. The media industry and the society in Indonesia develop to be more digital because of the internet, social media, mobile devices, and others. Thus, many print media are closed; online media is growing; media acquisition is happening everywhere. In Indonesia, there are about eight media/digital conglomerates. They are national companies whose business portfolio includes investment in communication infrastructure, television, radio, print media, and online. They are the ones who dominate the current Indonesian media landscape. Those media/digital conglomerates are CT Corp; Global Mediacom; EMTEK; Asia Media Vision; Media Group; News one Media Holding; Jawa Pos; and Kompas Gramedia.

Media conglomerates develop a digital business model that is almost similar: aiming to become a multi-platform media company. The modern multi-platform broadcasting system is called media convergence. The development of digital media and multi-platform media convergence includes the provision of user-friendly applications on gadgets or smartphones to be downloaded and used by users. Thus, relevant laws and regulations such as Broadcasting Law and ITE Law need to be updated by the government, together with related parties such as KPI, Press Council, Indonesian Journalists Association (PWI), Television Association, Indonesian Cyber Media Association, and others.

In general, policies and measures that support the diversity of media ownership are intended to contribute to the following achievements of the National Strategy for Culture (see Goal 1, Main Policies and Measures that Contain Strategies and Frameworks for the Development of an Integrated Cultural and Creative Economy Sector):
1. Provide space for the diversity of cultural expressions and encourage cultural interaction to strengthen the inclusiveness of culture (Agenda 1).

What are the results achieved so far through the implementation of the policy/measure?: 

The establishment of media watchdogs/supervisory bodies, such as the Indonesian Broadcasting Commission (KPI), Press Council, Indonesian Journalists Association (PWI), Television Association, Indonesian Cyber Media Association.

Partner(s) engaged in the implementation of the measure: 
Name of partnerType of entity
Indonesian Broadcasting Commission
Public Sector
Press Council
Public Sector
Indonesian Journalists Association
Civil Society Organization (CSO)
Television Association
Public Sector
Indonesian Cyber Media Association
Civil Society Organization (CSO)
Has the implementation of the policy/measure been evaluated?: 
If yes, what are the main conclusions/recommendations?: 

There is no comprehensive policy on convergence media. The fundamental problem of the new regulation will be the extent to which new laws (replacing or amending Law 32 of 2002) can accommodate the development of broadcast technology and organize a healthy, democratic, fair, progressive, and comprehensive Indonesian broadcasting industry. The new policies must regulate media ownership, cross-ownership, network media, media convergence, licensing, and broadcast content.

Nevertheless, the Law 32 of 2002 that regulates broadcasting has changed state control over the media into public-based control, and the law intends to prevent a monopoly on media ownership so that manipulation of information and public opinion will not occur. The establishment of KPI, an independent public-based institution as the official regulator of broadcasting in Indonesia, is the embodiment of the principle of diversity of ownership and diversity of broadcast content.

Meanwhile, the Law 11 of 2008 regarding Information and Electronic Transactions (ITE), which is a communication policy about interactive media, is too addressed to all resources contained on the internet, it has not touched on the substance of the communication. Only to the point of assisting those involved in e-commerce. The law should help regulate the new communication structure, which is marked by the fact that individuals control the traffic of information. Building a long-term comprehensive regulation in the context of the communication technology development that is rapidly increasing needs to be pursued.

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