fter allegedly creating horror content at an empty house without the owner’s consent, Bandung, West Java, YouTubers could be jailed for up to five years.
Emma Hermina, 65, reported 10 YouTubers to the police after they published horror-themed video content of her house at Sawah Kurung Raya, Bandung, West Java, as Kompas reported.
“I was shocked, offended and humiliated that my mother’s house was portrayed so horrifically,” said Emma, claiming that the YouTubers have exposed her house without any permission.
Emma was appalled when she discovered that her house had been portrayed as completely disorganized on online video sharing and social media platforms. Several items such as a washing machine, dining table and minibus tires were also missing.
Lawyer Imam Anshari Saleh explained that the house owner could suffer material and immaterial losses due to the horror content created by the YouTubers.
“The homeowner can sue them because of the immaterial damages; as a result of their YouTube uploads, the selling price of the house [could] drop, or [it could even be that] no one would buy the house,” Imam said.
Imam added that the YouTubers have conducted at least three violations. First, they have trespassed on someone’s property. According to Article 176 of the Criminal Code (KUHP) number 1, trespassers can be sentenced to jail for 9 months or more.
"When there is an existing prohibition for using the location for horror content, any violations by the YouTubers are categorized as trespassing with more severe sanctions," Imam said.
Second, the YouTubers can be reported for suspected theft following claims of missing items from the house. Imam explained that according to Article 362 of the Criminal Code (KUHP), those committing a theft-related crime can be sentenced to jail for five years with a Rp 60 million (US$3,909.42) bail.
Lastly, the YouTubers can be convicted of defamation. According to article 45, paragraph 3 of the Electronic Information and Transactions (ITE) number 19 of 2016, those who commit defamation can be sentenced to four years in jail or fined Rp 750 million (US$48,848.16).
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