REGULATION on the right to be forgotten in the draft Human Rights\nBill (RUU HAM) is considered to require strict boundaries. Without clear\nlimits, this rule could threaten press freedom and public interest in\nthe digital sphere.<\/p>\n
Researcher from Raksha Initiatives, Wahyudi Djafar, emphasises that\nthe right to be forgotten should not be used as a tool to erase\njournalistic information that has become part of public consumption.<\/p>\n
According to him, the basic concept of the right to be forgotten is\nnot to delete all information from the internet, but to limit the\nappearance of certain information in search engines.<\/p>\n
\u2018So journalistic information should not be disrupted because it is\npart of public information that is also protected in the name of public\ninterest,\u2019 he said on Friday (22\/5).<\/p>\n
Learning from European Practice<\/p>\n
Wahyudi cites practices in Europe, particularly Germany. There, the\nimplementation of the right to be forgotten still provides balanced\nprotection for public interest and freedom of expression.<\/p>\n
However in Indonesia, implementation is seen as problematic. The main\nreason is the absence of clear boundaries on which parties must carry\nout information deletions.<\/p>\n
\u2018Are all electronic system providers, or only search engines? The\ntechnical rules are also problematic,\u2019 he said.<\/p>\n
Mechanism of Courts<\/p>\n
Wahyudi explains that the regulation of the right to be forgotten is\nactually already listed in Article 26 Paragraph 3 of the Electronic\nInformation and Transactions Law (UU ITE) and is further regulated in\nGovernment Regulation Number 71 of 2019 (PP 71\/2019). Under these rules,\nrequests for information deletion must be issued via a court\ndecision.<\/p>\n
Nevertheless, the existing mechanism is considered not adequately\ntaking into account the public interest element attached to\ninformation.<\/p>\n
\u2018We must test which is stronger, protecting public interest or\nprotecting the personal data of the applicant for the right to be\nforgotten,\u2019 he said.<\/p>\n
He regards the draft HAM as carrying an important development because\nit explicitly states the protection of public interest and freedom of\nexpression as a \u2018safeguard\u2019 in the implementation of the right to be\nforgotten.<\/p>\n
\u2018In this draft of the HAM law, it states that it must protect public\ninterest and freedom of expression. The wording is as such,\u2019 he\nsaid.<\/p>\n
According to Wahyudi, this clause is crucial because it has not been\nstated decisively in Article 26 Paragraph 3 of the UU ITE. He hopes the\nnew regulation could become the basis for revising technical rules,\nincluding PP 71 of 2019.<\/p>\n
Journalistic Sphere and Press Disputes<\/p>\n
Furthermore, Wahyudi emphasises that the application of the right to\nbe forgotten should not apply to all electronic system providers,\nparticularly mass media that publish journalistic works.<\/p>\n
\u2018People cannot request deletion of information when the information\nis journalistic. That is clear in PP 71 of 2019,\u2019 he said.<\/p>\n
He adds that disputes related to journalistic reporting should be\nresolved through the mechanisms of Dewan Pers, not through the\nright-to-be-forgotten scheme.<\/p>\n
\u2018If it is journalistic information, please settle disputes via the\nDewan Pers, not through this mechanism,\u2019 he said.<\/p>\n
Wahyudi also highlights the still-weak definition of \u2018public\ninterest\u2019 within Indonesia\u2019s Personal Data Protection Act (UU PDP).\nUnlike the General Data Protection Regulation (GDPR) in Europe, which\nincludes journalism as part of public interest, Indonesian rules are\nconsidered to be limited to public interests of state\nadministration.<\/p>\n
\u2018If in the GDPR, public interest includes journalism. Here it does\nnot,\u2019 he said.<\/p>\n
Technical Execution Challenges<\/p>\n
He also mentions several criminal verdicts that include the phrase\n\u2018right to be forgotten\u2019 for defendants acquitted. He argues this raises\nnew questions about technical implementation in the digital space.<\/p>\n
\u2018Does it mean the news must be deleted? Or is it sufficient that it\nis not displayed in search engines? These rules have not been detailed\nyet,\u2019 he said.<\/p>\n
Therefore, he urges the government to clarify technical boundaries\nfor applying the right to be forgotten, including determining which\ndigital platforms are obliged to implement the regulation.<\/p>\n
\u2018In Europe, only search engines are obliged. There is no pretension\nto delete information that has become public information,\u2019 he concluded.\n(Dev\/P-2)<\/p>\n
Special Staff to the Minister of Human Rights, Thomas Harming\nSuwarta, highlights dynamics of human rights on social media and the\nplan for the HAM Bill that includes the right to be forgotten.<\/p>\n
The inclusion of the Right to be Forgotten in the HAM Bill has drawn\nattention. Kaka Suminta warns of the risk of erasing the digital\nfootprints of public officials and the transparency agenda.<\/p>\n
Transparency International Indonesia assesses that corruption has\ndeprived citizens of basic rights.<\/p>\n
The idea is interesting to consider in drafting the HAM Law revision,\nbecause corruption indeed has a dimension that damages human rights.<\/p>\n
Mugiyanto states that the process of revising the HAM Law is an\nimportant step in strengthening Indonesia\u2019s national human rights\nprotection system to be more adaptive to changing times.<\/p>\n
He notes that the 160-page report demonstrates how citizen criticisms\ncan continue to be dismissed by labelling them as foreign-backed.<\/p>\n
AMNESTY International Indonesia regards the conviction of Laras\nFaizati in a case of incitement related to demonstrations in August 2025\nas a form of criminalisation of freedom of expression.<\/p>\n
PKS general secretary Muhammad Kholid regards Pandji Pragiwaksono\u2019s\ncriticism via stand-up comedy as a normal democratic dynamic that should\nbe responded to calmly.<\/p>\n
Founder Indonesian Cyber Muannas Alaidid condemns Pandji\nPragiwaksono\u2019s stand-up material that touched on prayer and is assessed\nas exceeding the limits of freedom of expression.<\/p>\n
Freedom of opinion on social media is a real manifestation of\ndemocracy in the digital era.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/experts-warn-that-right-to-be-forgotten-in-the-ham-bill-must-not-threaten-press-freedom-1779542198", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }