Indonesia’s parliament took a significant step on Tuesday by passing revisions to its internet law, addressing concerns from critics who argued that certain provisions were utilized to suppress government opposition.
The revised electronic information and transaction law (ITE) introduces stricter requirements for the defamation article, demanding a more robust burden of proof in prosecutions. Additionally, it reduces the maximum penalty for defamation from four years to two. The changes, effective immediately, also narrow the legal definition of defamation, as outlined by researcher Johanna Poerba at the Institute for Criminal Justice Reform.
Calls for amending the 2008 law, governing defamation and online hate, have been persistent among human rights activists. They contended that certain articles were vague and prone to misuse, posing a threat to freedom of speech in the world’s third-largest democracy.
In a notable 2019 case, singer and opposition figure Ahmad Dhani received a one-year prison sentence under the ITE law for labeling political rivals “idiots” in an online video.
While some welcome the revisions, activists like Citra Referendum from the Jakarta Legal Aid Institute (LBH) argue that the changes fall short. Citra expressed concerns that the law may still be wielded by offended officials, providing them with additional protection.
Currently, prominent human rights activists Haris Azhar and Fatia Maulidiyanti face defamation charges under the law. They stand accused of defaming senior cabinet minister Luhut Pandjaitan following a video discussion on the alleged involvement of military figures in the mining industry in Papua province.
