The Limit of “Journalistic Work”: Citizen Opinions Are Not Journalist Products

Apart from the protection aspect, the Constitutional Court also emphasized the distinction between “journalistic work” and community writing published in mass media. In the decision, the Constitutional Court explained that journalistic work is a product, content or work result of journalists who regularly carry out journalistic activities.

Conversely, writings by the general public—such as opinions, certain rubrics, and other forms of contribution—even though they have gone through an editor's curation process, are not automatically categorized as journalistic work. Consequently, such writings do not automatically become part of the responsibility of the press company as is the journalistic work accountability regime in the Press Law.

“Thus, works written by the general public, for example in the form of opinions, certain rubrics and others, even if they go through a ‘curation’ process from the editor, are not categorized as journalistic works so they do not become part of the responsibility of the press company,” said Saldi.

Background: Freelance Writers Request Expanded Protection

This request was submitted by freelance writer Yayang Nanda Budiman. The applicant is testing Article 8 of the Press Law and the Elucidation of Article 12 of the Press Law against Article 28D paragraph (1), Article 28E paragraph (3), and Article 28G paragraph (1) of the 1945 Constitution.

The applicant argues that Article 8 of the Press Law, which mentions journalists in a limitative manner, creates legal uncertainty regarding the status of freelance writers in the press ecosystem. According to the applicant, this condition has an impact on the non-fulfillment of the right to legal certainty, self-protection and security, and the right to express opinions.

In his petitum, the applicant asked the Constitutional Court to declare Article 8 of the Press Law conditionally unconstitutional as long as it is not interpreted to mean that “journalists, columnists and freelance contributors receive legal protection”. The applicant also requested an expansion of the interpretation of the Elucidation of Article 12 so that accountability includes not only journalistic works, but also “other press products” such as opinions, columns, letters to the editor, and advertisements.

However, the Constitutional Court rejected the request.