scholarly journals Freedom of the Press Regulations in Indonesia and Sweden: Limited but Free

2021 ◽  
Vol 6 (2) ◽  
pp. 353-361
Author(s):  
Haresti Asysy Amrihani ◽  
Rajab Ritonga
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Secondary Data ◽  
The Other ◽  
Freedom Of The Press ◽  
Literature Study ◽  
The Press ◽  
The Law

Freedom of the press regulations are adhered to by various countries, including Indonesia and Sweden. Every nation wants their country to be free, and uphold freedom of expression and human rights. Sweden is the first country to regulate freedom of expression by enacting Freedom of the Press Act in 1766, while Indonesia has so far implemented Law No. 40 of 1999 on the Press. This article highlights how freedom of the press is implemented in Indonesia so that its index of democracy and freedom of the press is equal to that of Sweden.  This research applies a literature study method and uses secondary data from various books, journals and legislations. The researcher concludes that some groups encourage the revision of Law No. 40 of 1999 with certain conditions, while others are opposed to it. The other groups stated that the law is lex specialis derogate legi geneari and is used in case of press dispute so that journalists can no longer be imprisoned due to their profession.

scholarly journals PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA

2021 ◽  
Vol 1 (1) ◽  
pp. 56-65
Author(s):  
Fianka Aiza ◽  
Lena Farsia
Keyword(s):  
Human Rights ◽  
National Security ◽  
Freedom Of Expression ◽  
Freedom Of The Press ◽  
Legal Rules ◽  
Legal Method ◽  
The Press ◽  
Freedom Of Press ◽  
The Law

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.

The Pitfalls and Perils of Being a Digital Journalist in Venezuela

2020 ◽  
pp. 319-337
Author(s):  
Mariateresa Garrido
Keyword(s):  
Digital Media ◽  
Freedom Of Expression ◽  
Secondary Data ◽  
The Other ◽  
Freedom Of The Press ◽  
The Past ◽  
Other Hand ◽  
The Press ◽  
The One ◽  
The Right

To be a journalist in Venezuela is very dangerous. In the past decade, there has been an increase of attacks against media and their personnel. On the one hand, attacks against journalists include harassment (physical, digital, legal), illegal detentions, kidnapping, and assassination. On the other hand, digital media have experienced blockages (DNS), internet shutdowns and slow-downs, failures in the connection, and restrictions to access internet-based platforms and content. Since 2014, the situation is deteriorating and limitations to exercise the right to freedom of expression have increased. However, this issue remains understudied; hence, this chapter considers primary and secondary data to analyze the types of limitations experienced by Venezuelan digital journalists from 2014 to 2018, explains the effects of ambiguous regulations and the use of problematic interpretations, and describes the inadequacies of national policies to promote freedom of the press.

Illiberals and Autocrats Unite to Craft a New World Media Order

2019 ◽  
Vol 02 (04) ◽  
pp. 1950024
Author(s):  
James M. Dorsey
Keyword(s):  
Human Rights ◽  
New World ◽  
Freedom Of Expression ◽  
World Order ◽  
The United States ◽  
Freedom Of The Press ◽  
New World Order ◽  
Fourth Estate ◽  
World Government ◽  
The Press

Underlying global efforts to counter fake news, psychological warfare and manipulation of public opinion is a far more fundamental battle: the global campaign by civilizationalists, illiberals, autocrats and authoritarians to create a new world media order that would reject freedom of the press and reduce the fourth estate to scribes and propaganda outlets. The effort appears to have no limits. Its methods range from seeking to reshape international standards defining freedom of expression and the media; the launch and/or strengthening of government-controlled global, regional, national and local media in markets around the world; government acquisition of stakes in privately-owned media; advertising in independent media dependent on advertising revenue; funding of think-tanks; demonization; coercion; repression; and even assassination. The effort to create a new media world order is closely linked to attempts to a battle between liberals and non-liberals over concepts of human rights, the roll-out of massive Chinese surveillance systems in China and beyond and a contest between the United States and China for dominance of the future of technology. The stakes in these multiple battles could not be higher. They range from basic human and minority rights to issues of transparency, accountability and privacy, human rights, the role of the fourth estate as an independent check on power, freedom of expression and safeguards for human and physical dignity. The battles are being waged in an environment in which a critical mass of world leaders appears to have an unspoken consensus on the principles of governance that should shape a new world order. Men like Xi Jinping, Vladimir Putin, Recep Tayyip Erdoğan, Victor Orbán, Benjamin Netanyahu, Mohammed bin Salman, Mohammed bin Zayed, Narendra Modi, Rodrigo Duterte, Jair Bolsonaro, Win Myint and Donald J. Trump have all to varying degrees diluted the concepts of human rights and undermined freedom of the press. If anything, it is this tacit understanding among the world’s foremost leaders that in shaping a new world order constitutes the greatest threat to liberal values.

scholarly journals Muzzling the Press

2020 ◽  
pp. 307-336
Author(s):  
Audrey Fino ◽  
Sandra Sahyouni
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Freedom Of The Press ◽  
Human Rights Law ◽  
Criminal Trials ◽  
International Criminal Tribunals ◽  
The Press ◽  
The Law ◽  
The Right

Chapter 16 deals with contempt cases against journalists. Restrictions on freedom of the press have been striking at international criminal tribunals, where violations of protective measures granted to, for example, witnesses have led to several landmark yet controversial prosecutions of journalists for contempt of court. This chapter examines these practices from a human rights law perspective, as part of the recognized exceptions to the principle of public trials. In doing so, it reviews the law and jurisprudence of international and hybrid tribunals, including the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Tribunal for Lebanon (STL), and the International Criminal Court (ICC). In addition, it surveys contempt of court, offences against the administration of justice, and the law on reporting restrictions in a number of common law and civil law domestic jurisdictions. It concludes that the right to freedom of the press in the context of international criminal trials is not absolute, and that limits ordered by international tribunals, despite the polemics they may cause, are actually fully in line with both human rights law and domestic legal trends.

scholarly journals Freedom of the Press – Two Concepts

2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Markus Meckl
Keyword(s):  
Freedom Of Expression ◽  
John Stuart Mill ◽  
The Other ◽  
Freedom Of The Press ◽  
Modern Times ◽  
The Enlightenment ◽  
The Press ◽  
Good For

In 1644 the debate for freedom of expression started in modern times thanks to John Milton’s Areopagitica, where he still argued about God in order to justify his quest for freedom. With the enlightenment God lost his unifying role for society and could no longer serve as justification. Two arguments were brought then forward to justify freedom of the press: One by the continental movement of the enlightenment; the other from within the movement of utilitarianism, and most influentially by John Stuart Mill. Both underlined the importance of truth; however, they differed in their understanding on what truth was good for. This difference in their arguments had a lasting impact on the debate on the limits of freedom of the press.

scholarly journals Freedom of the Press In the Scope of Human Rights

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Sri Ayu Astuti
Keyword(s):  
Human Rights ◽  
Public Space ◽  
Freedom Of Expression ◽  
The State ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
News Production ◽  
The Public ◽  
The Press ◽  
The Republic

Freedom of expression and press freedom is the embodiment of the recognition of human rights. Freedom of expression is also the existence of press to disclose the news with honesty and do not get a pressure to deliver the news to the public space, which in news production is known as a work of journalism. Now the  press has gained freedom of expression in the news production process which is guaranteed in the state constitution. Although Article 28 of the Constitution of the Republic of Indonesia 1945 does not point directly at the press, However, Article 28 F emphasis on processing and storage as well as ownership, excavations to information. It also contains provisions on the freedom of expression of others, which should be valued and respected. It shows equality for everyone in his position before the law in accordance with Article 27 1945 Constitution, which emphasizes the recognition of constitutional rights that belong to every person in the state of law in the Republic of Indonesia. Thus the press, which have freedom of expression in the writings of journalistic works are required to be responsible for the published news. So as not to face the legal issues and criminalization, then press should perform tasks and functions to enforce ethics as the precautionary principle when processing the news and broadcast it to the public space, as well as upholding human rights. How To Cite: Astuti, S. (2014). Freedom of the Press In the Scope of Human Rights. Rechtsidee, 1(1), 101-118. doi:http://dx.doi.org/10.21070/jihr.v1i1.96

20. Freedom of expression

2019 ◽  
pp. 375-389
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Information Technology ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Freedom Of The Press ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Press ◽  
Technology Age ◽  
International Human

This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and exceptions to freedom of expression. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.

scholarly journals Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

Humaniora ◽  
2017 ◽  
Vol 8 (1) ◽  
pp. 45
Author(s):  
Vidya Prahassacitta
Keyword(s):  
Qualitative Research ◽  
Freedom Of Expression ◽  
Secondary Data ◽  
Legal Issues ◽  
Legal Responsibility ◽  
Citizen Journalism ◽  
Literature Study ◽  
The Press ◽  
General User ◽  
User Content

Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues. Using secondary data from literature study and observation on several cyber media websites, this discovers two conclusions. First, the citizen journalist is part of freedom of the press; it means that a citizen journalist’s creation has protected form censor and bans. However, a citizen journalist still has a limitation which shall be complied videlicet Civil Code and Law No. 11 The year 2008 concerning Information and Electronic Transaction. Violation of both regulations means that a citizen journalist shall be legally responsible. Second, protection and responsibility border between a citizen journalist and press company are based on an agreement. Approval of term and condition of general user content in a website from a citizen journalist means that both parties have agreed to enter into an agreement. A press company might be freed of its legal responsibility as long as conducted its obligation to control and manage contents that have been uploaded and published by a citizen journalist. If the company does not take proportional action against citizen journalist’ contents that violating the law, the press company shall be requested its civil or criminal legal responsibility.

18. Freedom of expression

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Information Technology ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Freedom Of The Press ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Press ◽  
Technology Age ◽  
International Human

This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and exceptions to freedom of expression. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.

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