The 2008 Electronic Information and Transactions (ITE) Law allows people to report others for possible defamation and hate speech online. It has been the subject of heated debate due its broad interpretation, which has led to stifled criticism and impunity by people in positions of power.

According to a circular issued this week, Listyo ordered police investigators to allow restorative justice to take precedence over the enforcement of the penal code, which he considered a “last resort” for resolving cases put forward under the cyberlaw.

A police spokesperson said the instruction would also impact ongoing investigations.

The directive also notes, however, that the restorative justice approach would not apply to hate speech or discrimination against certain groups, races and religions that may incite public uproar.

The police chief also instructed so-called “virtual police” to use preemptive and preventive measures to educate the masses about the ethics and use of digital platforms, while investigators were asked to categorize cases before determining whether or not to proceed with the dossier.

In an interview with Tempo magazine on Monday, Listyo said that residual tensions from the aftermath of the bitterly contested presidential election in 2019, as well as that of the Jakarta gubernatorial election in 2017, had led to the increased use of the ITE Law.

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