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Calls grow for further reform of cyberlaw after much-lauded ruling on defamation
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Speaking out: Activists rally outside the State Palace on Jan. 8, 2019, to demand that the government abolish articles in the Electronic Information and Transaction (ITE) Law they deem to be a threat to freedom of expression. (JP/Seto Wardhana)
H
uman rights groups have called for further reform on the draconian cyberlaw often used to silence freedom of speech, following a much-celebrated Constitutional Court ruling this week that bans the government and companies from filing defamation reports against its critics.
The Constitutional Court ruled on Tuesday that an article in the Electronic Information and Transaction (ITE) Law that regulates defamation in digital spaces cannot be used by either state or private institutions to criminalize an individual criticizing the institutions. Defamation complaints, the court said, can only be filed by the person who had been defamed.
The ruling on a petition filed by an environmentalist in August of last year has been hailed by activists as a good foundation for freedom of speech, although much work remains to uphold civil liberties in the country.
“This decision can provide a safety net for freedom of expression so that it is not misused by those in power,” Nurul Izmi of the Institute for Policy Research and Advocacy for Society (Elsam) said on Wednesday.
Amnesty International Indonesia executive director Usman Hamid said threats to freedom of expression would remain until the government revises the online defamation article and the ITE Law altogether, which contains vague provisions that offer loopholes often used to curb free speech online.
“This ruling must be seen as an opportunity for the state to immediately reform [ITE Law] policies that have so far silenced criticism,” Usman said, adding that other articles on hate speech and religious blasphemy were often still used to “criminalize peaceful expression”.
Read also: Constitutional Court bans government, company from using ITE law
