Proposed amendments to the Broadcasting Act are part of a regression motivated by religious fundamentalism

CIVICUS speaks with Dd Oetomo about proposed changes to Indonesia’s broadcasting law that would restrict LGBTQI+ rights. Dd is co-founder of GAYa NUSANTARA, a civil society organisation at the forefront of the fight for equality in Indonesia.

Proposed amendments to the 2002 Broadcasting Act, which covers both conventional and digital media, include restrictions on content that depicts LGBTQI+ behavior or encourages other negative behavior. The bill is expected to be passed before President Joko Widodo leaves office The law will come into force later this year. It will punish violations with fines and sanctions such as license revocation. Human rights activists criticize its vague wording, which will allow for discretionary implementation and further restrict freedom of expression.

What changes has the government proposed to the Broadcasting Act and how will they impact LGBTQI+ people?

The Indonesian government has proposed amendments to the 2022 law Broadcasting Acthas been working to determine what is appropriate to broadcast in Indonesia. The government's proposed changes include restrictions on broadcasting exclusively investigative journalism, which critics say could limit the ability to conduct investigative journalism.

The bill also prohibits the broadcast of content depicting LGBTQI+ behavior and restricts content depicting professions or personalities with negative behaviors or lifestyles that are likely to be imitated by the public. Penalties for violating these provisions could range from a written warning to revocation of the broadcast license.

Politicians say the changes are necessary to update an outdated law, while free speech advocates and LGBTQI+ activists say they will severely restrict media freedom and the right to free speech, and allow for an escalation of restrictive measures targeting minority communities and dissenting voices.

What is the situation of LGBTQI+ people in Indonesia?

Sexual relations between consenting adults of the same sex are not criminalized at the national level. They are only criminalized in Aceh province, which applies Sharia law. Penalties exist in other districts, but they are often vague and not consistently enforced. They are nevertheless used as a tool of harassment.

Although LGBTQI+ relationships and identities are generally not criminalized, hate speech by conservative politicians and religious leaders is widespread. Public institutions such as the military, police, and universities have issued statements and policies that discriminate against LGBTQI+ people. For example, Gadjah Mada University’s Faculty of Engineering recently issued a circular prohibition LGBTQI+ people being professors, administrators or students. However, this decision was reversed following internal pressure.

Transgender people face particularly severe persecution, including domestic violence and community harassment. They are often visible targets and may be subject to violent attacks, arbitrary arrests and torture in some areas, such as Aceh province.

In the less populated eastern regions of the country, such as parts of the Maluku Islands and Sulawesi, persecution is less frequent and there have been moves to pass local anti-discrimination ordinances. At the national level, a coalition is working on an anti-discrimination law, quietly supported by UN agencies, friendly embassies and various human rights organizations.

For many LGBTQI+ people, day-to-day survival is the main issue. Discrimination in education, employment, and housing is widespread. While there are supportive communities and families, visibility often leads to persecution. The situation could get worse if initiatives such as the Family Resilience Bill, which would require families to report LGBTQI+ members, become law; it has been shelved for now due to the protests.

What obstacles do LGBTQI+ activists face and how would the new law affect them?

Activists face significant obstacles, including physical threats and the need to hold events in secret to avoid attacks. For example, pride marches are held in secret locations to avoid disruption by anti-rights vigilante groups. Public marches or large gatherings are impossible due to threats of violence.

If the proposed amendment to the Broadcasting Act is passed, it will have a devastating impact on LGBTQI+ activism. Media outlets will no longer be able to interview activists or even discuss LGBTQI+ issues, effectively erasing their presence from public discourse. This reflects the Don't say gay a mentality seen in other parts of the world, which aims to suppress any mention of LGBTQI+ identities.

Despite setbacks, previous attempts to criminalize LGBTQI+ activities have been blocked by protests. For example, Penal Code 2022 She criminalized adultery and fornication, but she stopped short of criminalizing same-sex relations because of the success of her advocacy efforts.

Do you see the proposed changes to the Broadcasting Act as part of a broader regressive trend?

The proposed changes are part of an ongoing regressive trend driven by fundamentalist religious groups. Since the fall of the dictatorship in 1998, the opening of civic space has allowed for the growth of many civil society organizations, including fundamentalist religious organizations. These groups initially targeted sex workers and transgender women, but have eventually expanded their scope to include the broader LGBTQI+ community. The increasing harassment of those who challenge traditional gender norms is often justified by a selective interpretation of religious principles.

This is happening in a context of democratic erosion, where political elites and families are consolidating their power. Murder of a journalist The online gambling inquiry has highlighted the growing threat to freedoms. But while democracy is indeed under threat, there is still significant resistance from civil society, through petitions and public demonstrations, to halt this decline.

What international support do Indonesian LGBTQI+ activists need?

International visibility, pressure and practical support can help Indonesian LGBTQI+ activists continue their fight for rights and recognition.

International solidarity can take the form of public statements from friendly governments and high-level international organizations. When Indonesia is under scrutiny by bodies such as the UN Human Rights Council or the Committee Against Torture, the international community must press to highlight civil society concerns.

Solidarity from the international community, including protests outside Indonesian embassies and financial donations, can also be crucial. However, a major barrier to raising awareness of Indonesia’s specific challenges is that the country is often overlooked internationally. Interns and volunteers who can bridge language barriers and support local organizations are also valuable.

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Civic space in Indonesia is seen as obstructed by CIVICUS Monitor.

Get in touch with GAYa NUSANTARA via her website Or Instagram page and follow @gayanusantara And @dedeoetomo on Twitter.