Berlangganan Pro

Selasa, November 15, 2022

KPI Prepares Draft Regulation on Recommendations for the Revocation of Operational Broadcasting Licenses of Broadcasting Institutions That Do Not Engage in Broadcasting Activities

Technology, Media and Telecomunication

The Indonesian Broadcasting Commission (Komisi Penyiaran Indonesia – "KPI") is currently preparing a Draft Regulation on Recommendations for the Revocation of Operational Broadcasting Licenses Due to Non-Broadcasting ("Draft Regulation") in order to implement provisions originally set under Law No. 32 of 2002 on Broadcasting, as amended by Law No. 11 of 2020 on Job Creation, as well as several Regulations of the Government.
Under the Draft Regulation, broadcasting institutions (Lembaga Penyiaran – "LP") must engage in broadcasting activities in accordance with relevant laws and regulations. Moreover, private broadcasting institutions (Lembaga Penyiaran Swasta – "LPS"), community broadcasting institutions (Lembaga Penyiaran Komunitas – "LPK") or subscription-based broadcasting institutions (Lembaga Penyiaran Berlangganan – "LPB") are prohibited from not engaging in broadcasting activities for periods of longer than three months (one month is calculated as 30 calendar days) acumulatively without providing notifications based on valid reasons.
LP will be classified as having carried out broadcasting activities for one day if they broadcast for more than 50% of their daily broadcast time commitments. Calculations of daily broadcast times for LP should be based on the monitoring logbook and/or KPI monitoring.
The Draft Regulation defines “not broadcasting for more than three months cumulatively” as no broadcasting activity for a period of 90 consecutive calendar days or nonconsecutive days that occur within a single period of an Operational Broadcasting License (Izin Penyelanggaraan Penyiaran – "IPP").
The KPI will impose administrative sanctions in the form of a first warning if an LP does not engage in broadcast activities for 30 calendar days cumulatively and a second warning if an LP does not broadcast for a further 30 calendar days cumulatively after the issuance of a first warning.
If LPS, LPK and LPB do not engage in any broadcasting activities, then they should notify the KPI in writing stating the underlying reasons. The KPI will then assess the validity of said reasons.
The KPI will then submit a recommendation for the revocation of the IPP of any LPS, LPK or LPB who violate the non-broadcasting prohibition to the Minister of Communication and Information Technology enclosing the following documents: 1) Minutes of a KPI plenary meeting that specifically address the recommendation for the revocation of the IPP of the relevant LP; and 2) The chronology of the monitoring results of the LP that has not engaged in the required broadcasting activities.
The Draft Regulation is currently undergoing a process of internal deliberation and may thus be subject to further changes.

......

Sudah memiliki akun? Masuk

Hukumonline Pro

Berlangganan sekarang untuk akses tak terbatas ke berbagai Analisis Hukum!

Tingkatkan kualitas penelitian hukum Anda dengan berlangganan Paket Professional Hukumonline Pro dan dapatkan lebih banyak analisis hukum untuk referensi yang komprehensif

PRO PLUS

Rp 7.500.000

per bulan

Semua Fitur Paket Professional
Layanan Penerjemahan Peraturan
Precedent Hukumonline
Virtual Discussion

PROFESSIONAL

Rp 4.500.000

per bulan

Semua Fitur Paket Standard
Terjemahan Peraturan
Peraturan Konsolidasi
Premium Stories
Monthly Law Review (MLR)
Indonesian Law Digest (ILD)

STANDARD

Rp 2.500.000

per bulan

Indonesian Legal Brief (ILB)
Daily Updates
Bantuan Layanan Pencarian Peraturan
Pusat Data Peraturan dan Putusan Pengadilan Non-Precedent

The Indonesian Broadcasting Commission (Komisi Penyiaran Indonesia – "KPI") is currently preparing a Draft Regulation on Recommendations for the Revocation of Operational Broadcasting Licenses Due to Non-Broadcasting ("Draft Regulation") in order to implement provisions originally set under Law No. 32 of 2002 on Broadcasting, as amended by Law No. 11 of 2020 on Job Creation, as well as several Regulations of the Government.
Under the Draft Regulation, broadcasting institutions (Lembaga Penyiaran – "LP") must engage in broadcasting activities in accordance with relevant laws and regulations. Moreover, private broadcasting institutions (Lembaga Penyiaran Swasta – "LPS"), community broadcasting institutions (Lembaga Penyiaran Komunitas – "LPK") or subscription-based broadcasting institutions (Lembaga Penyiaran Berlangganan – "LPB") are prohibited from not engaging in broadcasting activities for periods of longer than three months (one month is calculated as 30 calendar days) acumulatively without providing notifications based on valid reasons.
LP will be classified as having carried out broadcasting activities for one day if they broadcast for more than 50% of their daily broadcast time commitments. Calculations of daily broadcast times for LP should be based on the monitoring logbook and/or KPI monitoring.
The Draft Regulation defines “not broadcasting for more than three months cumulatively” as no broadcasting activity for a period of 90 consecutive calendar days or nonconsecutive days that occur within a single period of an Operational Broadcasting License (Izin Penyelanggaraan Penyiaran – "IPP").
The KPI will impose administrative sanctions in the form of a first warning if an LP does not engage in broadcast activities for 30 calendar days cumulatively and a second warning if an LP does not broadcast for a further 30 calendar days cumulatively after the issuance of a first warning.
If LPS, LPK and LPB do not engage in any broadcasting activities, then they should notify the KPI in writing stating the underlying reasons. The KPI will then assess the validity of said reasons.
The KPI will then submit a recommendation for the revocation of the IPP of any LPS, LPK or LPB who violate the non-broadcasting prohibition to the Minister of Communication and Information Technology enclosing the following documents: 1) Minutes of a KPI plenary meeting that specifically address the recommendation for the revocation of the IPP of the relevant LP; and 2) The chronology of the monitoring results of the LP that has not engaged in the required broadcasting activities.
The Draft Regulation is currently undergoing a process of internal deliberation and may thus be subject to further changes.

......

Sudah memiliki akun? Masuk

Hukumonline Pro

Berlangganan sekarang untuk akses tak terbatas ke berbagai Analisis Hukum!

Tingkatkan kualitas penelitian hukum Anda dengan berlangganan Paket Professional Hukumonline Pro dan dapatkan lebih banyak analisis hukum untuk referensi yang komprehensif

PRO PLUS

Rp 7.500.000

per bulan

Semua Fitur Paket Professional
Layanan Penerjemahan Peraturan
Precedent Hukumonline
Virtual Discussion

PROFESSIONAL

Rp 4.500.000

per bulan

Semua Fitur Paket Standard
Terjemahan Peraturan
Peraturan Konsolidasi
Premium Stories
Monthly Law Review (MLR)
Indonesian Law Digest (ILD)

STANDARD

Rp 2.500.000

per bulan

Indonesian Legal Brief (ILB)
Daily Updates
Bantuan Layanan Pencarian Peraturan
Pusat Data Peraturan dan Putusan Pengadilan Non-Precedent

Latest Analysis

2024 Hak Cipta Milik Hukumonline.com