Proposed amendments to the 2002 Broadcasting Act, which covers conventional and digital media, include restrictions on content that depicts LGBTQI+ ‘behaviour’ or promotes other ‘negative’ behaviours. The bill is expected to be passed before President Joko Widodo leaves office later this year. It will punish violations with fines and penalties such as the revocation of licences. Rights activists criticise 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 affect LGBTQI+ people?
The Indonesian government has proposed amendments to the 2022 Broadcasting Act, focused on determining what it is ‘appropriate’ to broadcast in Indonesia. The government’s proposed changes include restrictions on the ‘exclusive broadcast of journalistic investigation’, which critics warn could curb the ability to conduct investigative journalism.
The draft bill also bans the broadcast of content depicting LGBTQI+ ‘behaviour’ and restricts content depicting professions or figures with ‘negative behaviours or lifestyles that could potentially be imitated by the public’. Penalties for violating these provisions could range from written warnings to the revocation of broadcasting licences.
Politicians argue the changes are needed to update the outdated law, while free expression advocates and LGBTQI+ activists believe they will severely restrict media freedom and the right to free expression, and enable an escalation of restrictive measures targeting minority communities and dissenting voices.
What’s the situation for LGBTQI+ people in Indonesia?
Same-sex acts between consenting adults are not criminalised nationally. They are only effectively criminalised in Aceh province, which applies Sharia law. Penalties are provided for in other districts, but are often vague and not systematically enforced. However, they are used as a tool for harassment.
Although LGBTQI+ relationships and identities are generally not criminalised, hate speech by politicians and conservative 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, the Faculty of Engineering at Gadjah Mada University recently issued a circular banning LGBTQI+ people being professors, administrators or students. This decision was, however, backtracked on following internal pressure.
Transgender people face particularly severe persecution, including family abuse and community harassment. They are often visible targets and can suffer violent attacks, arbitrary arrest and torture in some areas, such as Aceh province.
In more sparsely populated eastern regions, such as parts of the Maluku Islands and Sulawesi, persecution is less common and there are initiatives for local anti-discrimination ordinances. At the national level, there is a coalition working towards an anti-discrimination law, quietly supported by United Nations (UN) agencies, friendly embassies and various human rights organisations.
For many LGBTQI+ people, day-to-day survival is the main issue. Discrimination in education, employment and housing is widespread. While there are some supportive communities and families, visibility often leads to persecution. This could worsen if initiatives such as the Family Resilience Bill, which would force families to report LGBTQI+ members, become law; it’s been shelved for now due to 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 events are held in undisclosed locations to avoid disruption by anti-rights vigilantes. Public marches or large gatherings are impossible due to the threat of violence.
If the proposed amendment to the Broadcasting Act goes through, it will have a devastating impact on LGBTQI+ activism. The media would be unable to interview activists or even mention LGBTQI+ issues, essentially erasing their presence from public discourse. This mirrors the ‘Don't Say Gay’ mentality seen in other parts of the world, which aims to suppress any mention of LGBTQI+ identities.
Despite setbacks, previous attempts to criminalise LGBTQI+ activities have been blocked by protests. For instance, the 2022 Penal Code criminalised adultery and fornication, but it stopped short of criminalising same-sex behaviour as a result of successful advocacy.
Do you see the proposed changes to the Broadcasting Act as part of a wider 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 numerous civil society organisations, including fundamentalist religious organisations. These groups initially targeted sex workers and trans women, but eventually broadened their focus to include the wider LGBTQI+ community. The growing harassment of those who defy traditional gender norms is often justified by a selective interpretation of religious principles.
This is happening in a context of democratic erosion, with political elites and families consolidating their power. The recent murder of a journalist investigating online gambling highlighted the growing threat to freedoms. But while democracy is indeed under threat, there is still significant civil society resistance, in the form of petitions and public protests, to stop the backsliding.
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 organisations. When Indonesia is reviewed by bodies such as the UN Human Rights Council or the Committee Against Torture, international pressure should be applied to highlight civil society concerns.
Solidarity from the global community, including protests at Indonesian embassies and financial donations, can also be crucial. However, a significant barrier against raising awareness of Indonesia's unique challenges is that the country is often overlooked internationally. Interns and volunteers who can overcome language barriers and support local organisations are also valuable.