Media Waiver Template for Indonesia

A Media Waiver is a legal document that grants explicit permission for the capture, storage, and use of media content featuring individuals or groups. In Indonesia, this document serves as your primary protection against potential legal disputes while ensuring compliance with the country's comprehensive media and privacy laws. You need this waiver whenever you plan to record, photograph, or otherwise capture someone's likeness for commercial, educational, or public distribution purposes.

When do you need this document?

You require a Media Waiver in numerous professional and commercial situations. Event organizers need waivers when filming conferences, concerts, or corporate events where attendees will be captured on camera. Educational institutions must obtain waivers before recording students for promotional materials, online courses, or research documentation. Advertising agencies and media companies need comprehensive waivers when featuring individuals in campaigns, documentaries, or news segments. Photographers and videographers require waivers for commercial shoots, especially when images will be used for marketing or sold to third parties. Broadcasting companies and digital platforms must secure waivers before distributing content that features identifiable individuals across television, streaming services, or social media platforms.

Key legal considerations

Your Media Waiver must clearly define the scope of usage rights you're obtaining, including whether the media can be edited, distributed commercially, or used indefinitely. You should specify the territorial scope of usage, particularly important given Indonesia's sovereignty over media content featuring its citizens. The waiver should address compensation arrangements, if any, and establish whether usage rights are exclusive or non-exclusive. Consider including provisions for future technology and distribution methods to avoid limitations as media platforms evolve. You must also address the subject's right to revoke consent and under what circumstances such revocation would be valid. Ensure your waiver covers derivative works and transformations of the original media content.

Legal requirements in Indonesia

Under Indonesian law, your Media Waiver must comply with several key pieces of legislation. The Copyright Law No. 28 of 2014 governs intellectual property rights, including image rights and creative works, requiring clear documentation of usage permissions. The Personal Data Protection Law No. 27 of 2019 mandates specific protections for individual privacy rights and regulates how personal information, including images and recordings, can be collected and used. You must ensure your waiver meets the consent requirements under this law, including providing clear information about data processing purposes. The Electronic Information and Transactions Law No. 11 of 2008 applies to digital media usage and online distribution, requiring proper documentation for electronic transactions. Additionally, the Press Law No. 40 of 1999 governs media publication rights, while the Broadcasting Law No. 32 of 2002 regulates content distribution through broadcast channels. Your waiver should be executed in Indonesian language or provide certified translations to ensure enforceability in Indonesian courts.