Can the Press Be Sued Just for Publishing the News?

by Angky Banggaditya, Zaldy Saslika, Muhammad Bagir Shadr

The Press as a Medium of Information

The press plays an important role in producing and distributing information to the public. Article 1 point 1 of Law No. 40 of 1999 on the Press (“Press Law”) reflects this by defining the press as a social institution and mass communication medium that carries out journalistic activities, including seeking, obtaining, possessing, storing, processing, and conveying information. This function, however, also places the press in a vulnerable position when the parties covered by the report subsequently challenge the information it publishes.

Indonesian courts have encountered this issue in several cases. A notable example includes Soeharto v. Time, a dispute triggered by Time’s coverage of former President Soeharto’s wealth. After Soeharto initially prevailed at the cassation level, with the Supreme Court ordering Time to pay Rp1 trillion in damages, the Supreme Court at the judicial review stage overturned that decision and held that Time’s reporting remained within the bounds of journalistic ethics and did not constitute an unlawful act.

Another example is Bambang Harymurti and Others, which concerned Tempo’s report regarding the alleged involvement of businessman Tomy Winata in the Tanah Abang market fire. After the editor-in-chief of Tempo was found guilty at the first-instance and appellate levels, the Supreme Court acquitted him at the cassation level. These cases demonstrate that when parties challenge press reports, courts must consider the boundary between protecting the reputation of those covered by the press and protecting the public interest in receiving information from the press.

Ethical Standards in Journalistic Practice

Article 28 of the 1945 Constitution of the Republic of Indonesia mandates the press to serve as a medium for expressing thoughts both orally and in writing. Nevertheless, Article 7, Paragraph (2) of the Press Law requires journalists, as part of the press, to comply with the Journalistic Code of Ethics.

Article 1 Point 14 of the Press Law defines this code as a “set of professional ethics for journalism,” which the Press Council (Dewan Pers) establishes and agrees upon.

Currently, the Journalistic Code of Ethics that serves as a reference for press practitioners in Indonesia is set out in Press Council Decree No. 03/SK-DP/III/2006 (“Journalistic Code of Ethics Decree”), which was subsequently reinforced through Press Council Regulation No. 6/PERATURAN-DP/V/2008 of 2008. The code outlines 11 provisions setting the ethical standards for press practitioners, including:

1. Produce independent, accurate, and balanced news and act without bad faith;
2. Use professional methods in carrying out journalistic duties;
3. Always verify information, report fairly, refrain from mixing facts with judgmental opinions, and apply the presumption of innocence;
4. Do not produce false, defamatory, sadistic, or obscene news;
5. Do not disclose or publish the identities of victims of offences against decency or the identities of children who are perpetrators of crimes;
6. Do not abuse the journalistic profession or accept bribes;
7. Exercise the right of refusal to protect sources who do not wish their identities or whereabouts to be disclosed, and respect embargoes, background information, and “off the record” arrangements as agreed;
8. Do not write or publish news based on prejudice or discrimination against any person based on ethnicity, race, skin colour, religion, gender, or language, and do not demean the dignity of vulnerable persons, including the poor, sick, or persons with mental or physical disabilities;
9. Respect sources’ rights to privacy, except where required in the public interest;
10. Promptly withdraw, correct, and rectify erroneous or inaccurate news, accompanied by an apology to readers, listeners, and/or viewers; and
11. Respect and accommodate the right of reply and the right of correction proportionately.

The Press Council conducts the final assessment of violations of the Journalistic Code of Ethics in the form of assessment and recommendation statements (pernyataan penilaian dan rekomendasi/PPR). Meanwhile, the respondent—who may be a journalist, press company, individual or group of individuals, or institution/agency against whom the complaint is filed—is required to implement the contents of the assessment and recommendation statement at the earliest opportunity.

The Right of Correction and Reply as Safeguards in News Reporting

The Press Law includes two unique features: the right of correction and the right of reply. The former allows a party to correct inaccurate information, while the latter lets them respond to reporting that harms their reputation.

1. Right of Correction (Hak Koreksi)

Under Article 1 point 12 of the Press Law, the Right of Correction means that every person has the right to correct or rectify inaccurate information provided by the press, whether concerning themselves or another person. The right of correction is accompanied by the press’ duty to correct (kewajiban koreksi), which requires the press to correct or rectify any inaccurate information, data, facts, opinions, or images that it has published, as provided under Article 1 point 13 of the Press Law.

2. Right of Reply (Hak Jawab)

Under Article 1 point 11 of the Press Law, the right of reply is the right of a person or group of persons to respond or rebut reporting in the form of facts that adversely affect their reputation. Based on the Annex to Press Council Regulation No. 9/PERATURAN-DP/X/2008 of 2008 concerning the Guidelines for the Right of Reply (“the Right of Reply Guidelines”), an individual or legal entity may submit a written right of reply—including in digital form—that contains a rebuttal or response and provides information regarding the publication they consider detrimental, either to the person responsible for the relevant press company or directly to the editorial office by stating their identity. In addition, the applicant must also send a copy of the submission to the Press Council.

Accordingly, Article 5 Paragraphs (2) and (3) of the Press Law obligate the press to facilitate the right of reply and the right of correction. Failure to uphold these two rights can lead to legal consequences, encompassing both civil liabilities and criminal prosecution.

Press Council’s Existence

Chapter V of the Press Law specifically establishes the Press Council (Dewan Pers) as an independent state auxiliary organ to advance press freedom and improve the quality of the national press. The Press Council consists of journalists representing journalists’ professional organizations, press company leaders representing press company organizations, and public figures with particular expertise, who are selected by journalists’ organizations and press company organizations.

Under Article 15 Paragraph (2) Point d of the Press Law, the Press Council distinctly serves to provide recommendations and resolve public complaints concerning press coverage. According to the Elucidation of the provision, the main matters falling within the scope of this function concern:

1. The right of reply;
2. The right of correction; and
3. Alleged violations of the Journalistic Code of Ethics.

The above framework shows that the Press Council can serve as an alternative dispute resolution mechanism specifically for press-related disputes through mediation and recommendations, rather than immediately bringing a claim in court through litigation. This statement is further supported by the Memorandum of Understanding between the Press Council and the Indonesian National Police (“Polri”) No. 03/DP/MoU/III/2022, which was subsequently implemented through Cooperation Agreement No. 01/PK/DP/XI/2022. It prescribes a provision explaining that reports concerning press publications must first be coordinated between the Press Council and Polri to determine whether the reported matter falls within the category of journalistic work or press products. Journalistic work is the result of journalistic activities carried out by journalists working for press companies, whereas press products are content produced by press companies outside of journalistic work, such as opinions, columns, letters to the editor, and advertisements. If it qualifies, the matter should be resolved through the press mechanisms, such as the right of reply and right of correction. Only if the matter is determined not to constitute journalistic work or a press product may Polri proceed with law enforcement through investigation. Examples include user-generated content and comments posted by online users/netizens.

Moreover, the Press Council’s decisions or “assessment and recommendation statements” are ethically binding on the press, as the Press Council is also authorized to establish and oversee the implementation of the Journalistic Code of Ethics under Article 15 paragraph (2) point c of the Press Law. However, such statements do not formally replace a court judgment and may therefore be regarded as a form of non-litigation dispute resolution to be pursued before litigation.

Recognizing the Press Council’s vital role, Supreme Court Circular Letter No. 13 of 2008 on Requesting Expert Witness Testimony advises judges in press-related litigation to seek expert testimony from the Press Council, as the party with a better understanding of the press industry’s intricacies.

Press Legal Liability for Published News: Criminal and Civil Perspectives

A frequent issue arises when an individual accuses the press of publishing defamatory or insulting reports. The issue becomes even more complicated as it intersects with the Electronic Information and Transactions Law (“ITE Law”) and the Criminal Code, which contain provisions concerning insult and defamation. In such circumstances, the press’ civil and criminal liability may then be examined.

Recently, Constitutional Court Decision No. 145/PUU-XXIII/2025 explicitly reinforces legal protection for the press, as the imposition of criminal and/or civil sanctions against journalists who lawfully perform their professional duties may only be pursued after utilizing the mechanisms of the right of reply, right of correction, and resolution of alleged violations of the Journalistic Code of Ethics through the Press Council, as part of the application of restorative justice.

Nevertheless, this certainly does not mean that the press enjoys legal immunity when it actually violates the applicable laws and regulations – provided that all available dispute resolution mechanisms before the Press Council have been duly exhausted – such as:

1. Civil Liability

Article 1365 of the Civil Code on unlawful acts provides a legal basis for an offended party to sue the press over a publication. However, the plaintiff still must prove all essential elements, namely: (a) an unlawful act by the press; (b) fault on the part of the press; (c) actual damages suffered; and (d) a direct causal link between the unlawful act and the damages.

2. Criminal Liability

The offences that may potentially expose the press company to criminal liability in connection with its publications include:

• Publishing news and opinions without having due regard to religious norms, decency, and the presumption of innocence principle (Article 18(2) jo. Article 5(1) of the Press Law); and
• Failing to provide the right of reply (Article 18(2) jo. Article 5(2) of the Press Law).

Meanwhile, non-journalistic publications (e.g., personal and community social media posts) fall outside press protections, potentially exposing the publisher to criminal defamation and insult charges under the Criminal Code or the ITE Law. Based on this construction, influencers/public figures and homeless media (media accounts or platforms that do not operate as registered press companies) are not covered by this legal protection. As a note, this also applies to any press publication that has not classified or recognized as a press product or journalistic work by the Press Council.

Conversely, a press company may also invoke Article 18 paragraph (1) of the Press Law, which imposes criminal sanctions on parties that interfere with press freedom through censorship, banning, or publication prohibition.

So, can the press be sued merely for publishing the news? Yes, but not automatically. While the press may face civil or criminal liability for unlawful reporting, Indonesian law requires disputes concerning press publications to first be addressed through the right of reply, the right of correction, and the Press Council’s complaint mechanism.

The Press Law does not grant the press immunity from legal responsibility. Rather, it provides procedural safeguards to ensure that accountability is pursued in a manner that respects the press’s constitutional role in informing the public. Ultimately, Indonesian law seeks to strike a balance between protecting individual rights and preserving a free and independent press.