The Freedom of Expression in Social Media based on Creator’s Moral Right: A Comparative Study

The problems in this study include the limitations of the right to integrity in moral rights concerning freedom of expression and the comparative protection of Moral Rights in Indonesia, France, America and Germany. This study is a normative juridical method with a statute approach, conceptual approach, and a comparative approach using primary materials, secondary materials and tertiary materials. The research specifications used are analytical descriptive. The technique of collecting data uses the library research method. The results of the study indicate that there is a limit for users in using the Work of others following Article 27-29 of the ITE Law and the principle of fair use in the provisions of Article 43-50 Copyright Law 2014, and in other clauses using Three-Step Test Analysis (TST). Comparing moral rights protection in Indonesia, France, America, and Germany show equality in regulations due to ratifying the Berne Convention. The fundamental difference is seen in the arrangements in the United States, which focus more on the principle of expediency (Creator Economic Rights) than Moral Rights as in the performance of the State of Indonesia, France, and Germany.