The Need to Protect Freedom of Expression on the Internet through a Human Rights-Based in Indonesia

16 Pages Posted: 5 Mar 2020

Multiple version iconThere are 2 versions of this paper

Date Written: December 26, 2019

Abstract

As the main instrument to regulate cyber activity, the most significant threat to freedom of expression on the internet in Indonesia comes from the Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law). Instead of being a momentum to restore the according to human rights principles, the purpose of this paper it to analyze how the 2016 revised ITE Law still creates problems that violate freedom of expression and human rights principles. The results shows that the new law could still potentially suppress the right to freedom of expression and silence legitimate expression such as criticism. The Law has caused people of choosing silence over the existing socio-political conditions in the community for fear of being considered insulting or defamation hence prisoned. Therefore the need to improve several articles becomes crucial. It is also urgent for Indonesia to establish an independent regulatory body that has the authority to clarify and limit the regulation of internet content in accordance with human rights principles.

Keywords: freedom of expression, human rights, defamation, ITE law, Indonesia

Suggested Citation

Saraswati, Anak Agung Ayu Nanda, The Need to Protect Freedom of Expression on the Internet through a Human Rights-Based in Indonesia (December 26, 2019). ASEAN Journal of Legal Studies, Vol. 2, No. 1, 2019, Available at SSRN: https://ssrn.com/abstract=3541490

Anak Agung Ayu Nanda Saraswati (Contact Author)

University of Brawijaya ( email )

Jl. Mayjen Haryono No. 165, 65145,
Malang
Indonesia

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