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This means that even private chat messages can be considered violations, as only one person needs to receive a message for the element of “distributed, transmitted or made accessible” to be fulfilled.
DRACONIAN LAW DEFINITION CODE
A key issue with this offence is that it does not contain any element specifying that the defamation must occur “in public”, unlike similar provisions on defamation in the Criminal Code (KUHP). Further, the explanation to the article states that “transmitting” involves “the sending of electronic information or documents to another party”, meaning that even private consensual sharing of nude photos with another person could potentially be considered an offence.Īrticle 27(3) makes it an offense to “intentionally and without rights distribute, transmit, or make accessible electronic information or documents that contain denigrating or defamatory material”. But there is no clear definition of morality, leaving this article highly open to manipulation. Immorality is criminalised under Article 27(1), which prohibits “intentionally and without rights distributing, transmitting or making accessible electronic information or documents that contain material in violation of morality”. But drafters also inserted problematic provisions criminalising ‘immorality’, defamation, and hate speech, under articles 27, 28 and 29. It was originally intended to respond to rapid developments in information technology, and fill legal gaps around issues such as electronic transactions and the position of digital information and signatures under Indonesian law. It now appears the draconian law will remain in its current form for a year at least, after the DPR failed to include it in its list of priority bills for deliberation in 2021. Team members have been given until 22 May but few expect that they will do their work quickly. Not long after Jokowi’s statement, Coordinating Minister for Political, Legal and Security Affairs Mahfud MD announced the government was forming an inter-ministerial team to review the law and decide whether it needed reform. Listyo quickly issued a circular calling on police to prioritise mediation and restorative justice over criminal charges, which should be considered a “last resort”, except in cases with the potential to divide communities, those involving hate speech against groups in society, or those related to radicalism or separatism.īut efforts to revise the law fizzled out almost as quickly as they began.
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If the law could not be implemented fairly, Jokowi said, the government would work with the House of Representatives (DPR) to revise its more problematic articles. On 15 February, President Joko “Jokowi” Widodo instructed newly appointed National Police Chief Listyo Sigit Prabowo to draft guidelines to ensure police were more selective in processing people reported under the law.
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This is well overdue, as the law has become a weapon used by the powerful to silence criticism, and a major threat to democratic freedoms. (Twitter), 9 October 2020.įor a brief moment in February, it looked as though Indonesia’s notorious Information and Electronic Transactions Law (“the ITE Law”) would be revised.