Member Article

On 19 October 2009, the Minister of Communications and Informatics issued Regulation, No. 42/PER/M.KOMINFO/10/2009, regarding The Procedures for Obtaining a Licence for a Foreign Based Broadcast Company Conducting Activities in Indonesia, as an implementing regulation of Government Regulation No. 49 of 2005 on Foreign Based Broadcast Companies.

A foreign based broadcast company is a broadcast company established according to foreign laws and/or having offshore headquarters. Under the regulation, a foreign based broadcast company may not be established in Indonesia. However, a foreign based broadcast company is permitted to engage in temporary broadcasting activities, and/or journalism activities.

Equipment for delivering news broadcasts to and receiving news broadcasts from satellites or media can be brought into Indonesia by foreign based broadcast companies that engage in temporary broadcasting activities. Meanwhile, those that engage in journalism activities may place correspondents in country to perform journalism activities, or set up a foreign based broadcast office to support administrative matters in the capital city, Jakarta.

To obtain clearance for the above activities, the relevant foreign based broadcast company must submit a written application to the Minister of Communications and Informatics detailing the reasons for the activities, a time line for carrying out the activities and the location where the activities will be performed. Also, a recommendation letter issued by the Indonesian Embassy/Consulate in the home jurisdiction of the applicant must be enclosed. The Minister will then pass the application letter on the Clearing House. A Clearing House is a coordinating and supervisory forum or meeting related to foreign citizens and foreign non governmental organizations in Indonesia; the Clearing House is under the auspices of the Department of Foreign Affairs.

The Clearing House will issue a recommendation to be used by the Minister as a basis for approving or rejecting the application. The Minister will issue his decree within 14 working days of receipt of the Clearing House’s recommendation.

The license will be issued to a foreign based broadcast company as follows:
a. to deliver news broadcasts to and to receive news broadcasts from satellites or media and/or to place correspondents in Indonesia, the validity period of the license will be what is applied for in the application letter.
b. a license for the establishment of a foreign based broadcast company office in Indonesia will be valid for 5 years renewable upon submission of a renewal application form at least 3 months before the expiry date.

The regulation also requires any foreign based broadcast company to store all broadcasting materials, including recordings, photos and any documentation obtained during its coverage of news in Indonesia for at least one year.

As of the enactment of this regulation, existing foreign based broadcast company licenses remain valid, but must be adjusted by 19 April 2010.

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