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Constitutional Court upholds film censorship

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Jakarta Post - May 2, 2008

Jakarta – The Constitutional Court has ruled against a film censorship petition, but has ordered the censorship institute talk with filmmakers before cutting scenes.

In its verdict, delivered Wednesday, the court asked the Film Censorship Institute (LSF) to reform its censorship mechanism in line with the spirit of democracy and human rights. "As long as the LSF implements the required conditions, the film law will remain valid," court chief Jimly Asshidiqqie said.

Young film director and petitioner Riri Riza said the verdict was bitter-sweet. "Although the court rejected our petition on the LSF, I'm glad that all judges agreed the law is out of date and needs to be revised to comply with the country's current conditions," Riri said.

"We now urge the House of Representatives to immediately amend the law to fix the Indonesian movie industry," added Riri, who is also a member of the Indonesian Film Community (MFI).

The petition was filed last November by Riri, fellow film directors Nia Dinata and Tino Sarongelallo, actress Shanty and film festival organizer Lalu Rois Amriradhiani.

An advocate for the group, Christiana Chelsea Chan, told The Jakarta Post that the court's verdict to maintain the law's validity was conditional.

"If, let's say, in the next six months or a year, the LSF does not reform its censorship mechanism, petitioners will have the right to file a follow-up petition to the Constitutional Court," she said.

In their request for a judicial review, the petitioners said the LSF had defied government regulation and the cultural ministry's decree on censorship. Furthermore, the petitioners said the law lacked a clear standard for editing films, thereby affecting their rights.

The LSF has the authority to cut out or down any "improper" scenes, including obscene dialogue and sounds, violence and anything which may provoke friction among ethnic and religious groups. Previously, the LSF was not required to give filmmakers prior notice.

The petitioners also suggested the LSF alter its censorship system with film classifications based on viewer ages.

"We consider film classification to be a good alternative to current censorship. We think classifications can educate people, allowing them to view appropriate films depending upon their age," said Riri, director of film Gie, which won a Special Jury Award at the Asia-Pacific Film Festival in 2006.

Films, for example, could be classified into a category for children below 12 years and other categories for people over 15, 18 and 21 years.

Senior filmmaker, producer and actor Deddy Mizwar said the government should immediately revise the film law to overcome problems in the country's film industry.

"The problems in Indonesia's movie industry have actually been caused by the blurry regulations. That's why we have this censorship issue," said Deddy, who directed and starred in Naga Bonar Jadi 2.

"I strongly urge the House of Representatives to immediately revise the three-year-old law. It has been there for too long," he added. (nkn)

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