The Press Law, the Personal Data Protection (PDP) Law and the Openness of Public Information (KIP) Law in Indonesia are designed to maintain a balance between guaranteeing the fulfilment of the right to freedom of expression, the right to privacy, and the public interest. The Personal Data Protection (PDP) Law serves as a legal framework for ethical and accountable journalistic practices and encourages pluralistic media. On the other hand, the Personal Data Protection (PDP) Law aims to protect personal data by determining the types of data that are protected up to the legal basis for processing them. These two laws together ensure that press freedom and privacy are respected within a responsible and proportional framework.
The connection between the fulfilment of the right to press freedom and the right to personal data protection is essential. Press freedom allows the media to monitor the government and public institutions, reveal the truth, and provide relevant information to the public. In this process, journalists must receive legal protection because journalistic work is related to the public interest. Therefore, to a certain degree, journalists must receive immunity from legal attacks within the legal framework of personal data protection, as regulated in the GDPR and practiced in member states of the European Union.
On the same hand, personal data protection supports press freedom by providing clear guidelines and boundaries on how personal data should be treated. This can create a safe environment for journalists to gather necessary information without violating individual privacy rights. The Personal Data Protection (PDP) Law also helps build public trust in the media, as people know that their personal data will be treated respectfully and in accordance with the law.
Thus, the Press Law and the Personal Data Protection (PDP) Law must be able to complement each other in ensuring that press freedom can be exercised without sacrificing individual privacy rights. Both contribute to the creation of a transparent, accountable, and responsible journalistic work ecosystem, which is very important in supporting democracy and human rights in Indonesia.
Download the document Policy Paper Strengthening the Protection of Journalists in Preparing Journalistic Products Related to the Right to Privacy below