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Fear of draconian articles lingers as House finishes ITE Law revision
The government and House Commission I overseeing information unanimously agreed on Wednesday to pass the ITE Law amendment in the next plenary session.
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Communications and Information Minister Budi Arie Setiadi (left) talks with House of Representatives Commission I chair Meutya Viada Hafid of the Golkar Party (right) when signing a draft of the amended Electronic Information and Transactions (ITE) Law during a hearing in Jakarta on Nov. 22, 2023. Commission I and the government unanimously agreed to pass the amended law in the next plenary session. (Antara/Muhammad Adimaja)
T
he House of Representatives is set to pass an amendment to the Electronic Information and Transactions (ITE) Law as lawmakers wrapped up the deliberation on the revision recently.
But activists fear that the new version of the law will still contain vague provisions potentially used by authorities to curb free speech, as the drafting of the revision was done mostly behind closed doors.
The government and House Commission I overseeing information unanimously agreed on Wednesday to pass the ITE Law amendment in the next plenary session.
Neither lawmakers nor government officials disclosed any details about which provisions were changed in the amendment. Communications and Information Minister Budi Arie Setiadi only told the press after Wednesday’s hearing that 14 articles in the law were revised, while lawmakers and officials added five new ones.
The amendment aims to water down several problematic provisions that have often been used to criminalize online critics. But activists fear that the latest revision still contains provisions that could be used to prosecute anyone making or distributing electronic content deemed as defamatory, hate speech or pornographic.
The new Criminal Code (KUHP), enacted last year, annulled several provisions of the ITE Law, such as the regulations on online pornography, defamation and hate speech but if they are included in the revision, the articles on online defamation and hate speech in the ITE Law will stand until the KUHP goes into in effect by 2026.
According to several earlier versions of the draft amendment, the revised ITE Law will expand the government’s authority in moderating online content deemed unlawful or injurious to public order and terminate internet access to it.
