Who Decides What We Can Watch? Balancing Streaming Services Liberalization and Constitutional Rights in Indonesia
DOI:
https://doi.org/10.31078/consrev1126Keywords:
Constitutional rights, Streaming services, Trade liberalizationAbstract
Rapidly growing streaming services have become central to the cross-border circulation of information, cultural, and economic value, which presents complex regulatory challenges for states. This study aims to examine the potential tensions and regulatory interaction between a state’s right to regulate, its commitment to trade liberalization, and citizens’ constitutional rights to access information on the streaming service sector in the context of Indonesia. It offers normative analysis on international trade law, Indonesian constitutional law, and other related disciplines, along with empirical analysis through public surveys to assess public perceptions on protectionist policies. This paper argues that triangular tensions between international laws, states, and citizens occur when a state restricts foreign services. In Indonesia, these tensions are not merely theoretical but are institutionalized through regulations and constitutional court jurisprudence that empower the government to take immediate and repressive measures, including service access restrictions when deemed necessary. In the meantime, empirical research shows that the majority of respondents (83%) demand a high level of freedom to access information, although there is a variety of perceptions and levels of support when government restricts access to foreign streaming services. This means that formulating regulations in this sector requires a careful and comprehensive approach, as the state is obligated to allow streaming services through liberalization and guarantee citizens’ rights to access them in line with its policy objectives and measures.
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