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Civil groups urge broader ITE Law revision from lawmakers to protect free speech

At a public hearing at the legislature on Monday, activists from prominent rights groups pointed to several problematic articles in the proposed cyber law revision that they say doesn't go far enough to prevent its abuse and thereby protect free speech online.

Nina A. Loasana (The Jakarta Post)
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Thu, March 30, 2023

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Civil groups urge broader ITE Law revision from lawmakers to protect free speech Activists from the Corruption Eradication People’s Committee demonstrate outside the State Palace on Jan. 8, 2019, demanding that the government abolish articles in the Electronic Information and Transactions (ITE) Law they alleged were a threat to freedom of expression. (JP/Seto Wardhana)

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ivil society organizations have urged lawmakers to make more significant changes in the latest revision of the 2016 Electronic Information and Transactions (ITE) Law, deeming that the draft revision still contained several provisions that did not support free speech online.

The House of Representatives is set to revise at least seven articles in the ITE law that are now regulated under the new Criminal Code (KUHP), which was passed on Jan. 2, 2023.

The articles in question regulate online obscenity, defamation and hate speech, which have been used to stifle free speech, often in a politicized manner to quell government critics, including journalists.

Speaking on Monday at a public hearing with House Commission I overseeing defense, IT and intelligence, Damar Juniarto, executive director of the Southeast Asia Freedom of Expression Network (SAFEnet), said the proposed revisions of the seven articles "were not significant" enough, arguing that they would still restrict online civic space and could even disrupt business activities.

"Some problematic provisions persist, for example article 40, which stipulates that the government has the authority to cut off internet access to prevent the spreading of content that violates the law," Damar told the hearing.

"This provision is not relevant anymore, since there are various ways to prevent the spread of digital information [now] without having to resort to internet blackouts," he added.

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Damar urged lawmakers to make more comprehensive changes to the ITE Law instead of revising just the seven articles, as technology and the internet had advanced so much since the ITE law was first passed in 2008, so a “thorough adjustment” was needed.

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