DENPASAR – A Rp25 billion (US$1.5 million) civil lawsuit filed against several media companies and journalists in Bali has raised concerns over potential pressure on press freedom, with a communications academic warning that legal action over journalistic work could create a chilling effect on the media.

Ni Made Ras Amanda Gelgell, a communications academic at Udayana University, said legal proceedings involving journalistic work should be carefully examined to ensure they do not develop into a mechanism that discourages journalists from carrying out their professional duties.

The comments came as a civil lawsuit involving four media companies in Bali continued at the Denpasar District Court on Tuesday (Aug. 4), following a mediation session that failed to produce an agreement.

The Rp25 billion lawsuit was filed by lawyer Togar Situmorang. Lawyers representing the defendants, who are part of the Bali Journalists Solidarity (SJB), rejected all of the plaintiff’s claims.

The case will now proceed to the next stages of the civil trial in accordance with applicable law.

Amanda, commonly known as Manda, stressed that all legal procedures, including mediation in civil cases, must be respected and followed by all parties.

“Since it is mediation, there should be benefits for both sides. But from the beginning, I have seen that this has been very detrimental to our journalist colleagues,” Manda said.

She said mediation should serve as a forum for the parties to seek common ground and reach a mutually acceptable settlement. However, if both sides maintain their respective positions without finding room for compromise, achieving the purpose of mediation becomes difficult.

Despite her concerns over the position of the media, Manda emphasized that the legal process must continue to be respected until a court ruling is issued.

“In my view, it should be carried out because we respect the trial. We also respect the civil legal process, including the mediation and other stages, so they should simply be followed,” she said.

Journalistic Disputes Have Their Own Mechanisms

Manda also highlighted the mechanisms available for resolving disputes arising from news reports.

She said journalistic work has its own dispute-resolution framework under Indonesia’s Press Law, including mechanisms involving the Press Council.

“Journalistic work must be protected by the Press Law,” she said.

According to Manda, the right of reply and clarification are important mechanisms for addressing problems arising from published reports.

She therefore questioned situations in which disputes concerning journalistic work proceed directly to legal action without the press dispute-resolution mechanisms being used as the primary avenue.

“This should have also gone through the proper procedure, namely through the Press Council,” she said.

Manda said the case illustrates continuing challenges in ensuring effective legal protection for the press.

“It turns out that journalists are not entirely protected by the state through the Press Law,” she said.

Concern Over Chilling Effect

Manda further warned that the use of criminal or civil legal proceedings to challenge journalistic reports could affect journalists’ willingness to perform their role as a social watchdog.

She stopped short of accusing any particular party of deliberately seeking to silence the press. However, she said the scale of legal pressure faced by media companies and journalists could have psychological effects not only on those involved in the lawsuit but also on the wider journalistic community.

“Perhaps the purpose is not to bankrupt our press colleagues, but rather to create a deterrent effect, so that the press eventually chooses to remain silent, speaks less, and is no longer brave enough to report anything,” she said.

Manda described such a situation as potentially amounting to a form of “subtle silencing” of the press.

She stressed that the impact of a lawsuit could extend beyond the media organizations named as defendants.

“This may involve only four media outlets today, but the ones being shaken are not only those four media outlets,” she said.

Manda urged journalists and media companies facing the lawsuit to continue following the legal process professionally while maintaining their commitment to their journalistic responsibilities.

At the same time, all parties involved in the case have the right to present their respective arguments, evidence and defenses. Whether any violation occurred and what legal responsibilities, if any, arise will ultimately be determined through the judicial process in accordance with applicable law.