Fatma, Trans TV, Sex Tapes, Porn, and Defamation -- Legal Issues...

A private Indonesian television station, Trans TV, is pondering the possibility of a criminal defamation action over a sex tape posted on the internet and alleged to be of a Trans TV employee by the name of Fatma.

According to Trans TV they have an employee by the name of Fatma but the video is clearly not of her. The sex tape in question provides a pretty clear shot of "Fatma" so a simple photo comparison might be enough to prove this one way or the other.

I have written elsewhere on this here blog of mine about criminal defamation in Indonesia and the pros and cons of such laws. It is interesting that Trans TV thinks that there is something actionable here in the first place. But, the complaint seems to be based entirely on the belief that an employee sex tape scandal harms the image of the company. Maybe it would, then again, maybe it would enhance it.

I cannot speculate on the reasons for giving the video the title of "Fatma - Trans TV", but if I was to speculate then it would probably be because Indonesians love a good scandal and a TV employee on a sex tape would be good fodder for gossip shows, gossip magazines, and even the rival TV stations.

The funny part of this, if there is a funny part, is that Trans TV has in fact admitted to being in breach of the law, the Anti-Porn law to be precise. The quote from Trans TV via their spokesperson, Hardiansyah reads as follows:

“Our own investigation shows that the video was taken from a porn site and the perpetrator changed the title to ‘Fatma-Transtv’”

The Trans TV investigation revealed that the tape lasts for 2 minutes and 34 seconds, was originally taken on a mobile phone, and was produced on 3 March 2007.

So, this investigation and knowledge that the original video has been taken from a porn site was done by Trans TV. So, does this mean that Trans TV has been accessing internet porn and downloading it in Indonesia? And, then heavens forbid, viewing it in Indonesia? The Minister of Communication and Information is going to be horrified!

I might follow this case as it develops, if it develops, because it will be interesting to see where Trans TV takes their criminal defamation complaint. I will also need to do a little more reading and research. This will not necessarily involve watching Fatma in action, but I have note read anything about who uploaded it, whether it was uploaded in Indonesia or overseas, or who Trans TV is thinking they are going to make the subject of the complaint.

There has certainly been a lot of porn coming out of Indonesia of late. Perhaps Ariel, Luna Maya, and Cut Tari were just the tip of a porn iceberg that is about to come into full view.