Thursday, March 25, 2010

Pornography gets a Pass

Indonesia's Mahkamah Konstitusi has just ruled that the controversial anti-pornography law does not violate the 1945 Constitution. According to the BBC,* the court ruled that the law was sufficiently clear and not biased against any group. As such, the law is constitutional.

From what I've seen of MK decisions, the court does seem primarily concerned with issues of bias and specificity when adjudicating freedom of speech cases. The justices seem to be balancing the right against the scope and purpose of the law, as well as whether it is appropriate for a democratic society. This is fairly normal behavior for a constitutional court I don't yet know whether the court has (or will) formalize its legal test for constitutional interpretation.*

Finally, here's a picture courtesy of the Jakarta Globe of a traditional Indonesian dancer dancing before the justices.

* The case isn't yet available through the English portal of the Mahkamah Konstitusi.

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