A celebrity sex scandal has raised numerous legal issues for artists in Indonesia. In early June, videos allegedly of a well-known singer and his celebrity girlfriends having sex were leaked on the internet. The media and the public have focused mainly on the moral issues. This also happened several years ago to two well-known singing stars in Hong Kong.
Indonesia does not follow the US and provide for a legal right to publicity – and therefore the corresponding right to exclude others from using a likeness or image. The distribution of unlawful images over the internet is subject to the Law on Electronic Information and Electronic Transactions (EIET). This law has a specific provision for privacy issues of a person's image and the unlawful distribution via the internet. However, although this does provide a remedy, it is so far untested other than in a controversial defamation case. The EIET can also be used to charge persons distributing the material. Presumably it was stolen (as happened in Hong Kong) rather than released by the artists, so the uploaders will be the principal targets.
Copyright could also be asserted by the film owner to injunct or prohibit onward communication – copyright is both civil and criminal in Indonesia. It is unclear who owns the video of course – at present as well as the distribution, the police are investigating whether the celebrities have committed any offence, so they might not want to assert ownership. There may also be liability for the unauthorised onward distribution by the third parties.
The distribution of pornography over the internet is also prohibited under the Pornography Law. The police have confiscated cell phones found with the video on them.
Such cases may raise many legal issues, but the artists usually have serious commercial problems too. One of the stars is a Unilever advertising model and her contract is to be terminated. Typically such agreements contain provisions enabling termination in the case of negative publicity. Far beyond the legal concerns are the professional and personal difficulties caused.
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| Zain Adnan |
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