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New guidelines not a substitute for cyber law revision, activists say
The government expects the new guidelines to prevent multiple interpretations among law enforcement agencies that handle online defamation cases.
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Members of the Corruption Eradication People’s Committee rally outside the State Palace on Jan. 8, 2019, to demand that the government abolish articles in the Electronic Information and Transactions (ITE) Law they deem to be a threat to freedom of expression. (JP/Seto Wardhana)
T
he government faces fresh criticism even as it issued new guidelines this week for interpreting the controversial Electronic Information and Transactions (ITE) Law, with activists insisting that a moral hazard remains if the entire legislation is not revised.
The cyberlaw most notably contains vague provisions on what constitutes defamation on the web that have long been criticized by activists for curbing freedom of speech and silencing critics.
The government expects the new guidelines, introduced in a joint ministerial decree signed by the communications and information minister, the attorney general and the National Police chief on Wednesday, to prevent multiple interpretations among law enforcement agencies that handle online defamation cases.
The guidelines say criminal charges for online defamation are only applicable in cases where accusations are found to have the intent to harm an individual's honor, and that the charges are not applicable to statements found to be opinions and facts. The guidelines also say that electronic information containing light mockery or inappropriate words does not constitute online defamation.
They reaffirm that only the offended party may file a report against the offender to the police, as long as the offended party is not a minor.
The document also sets new conditions for the use of seven other controversial articles in the law, including those penalizing online obscenity and online hate speech. It says not all content containing nudity is categorized as online obscenity, such as materials for educational purposes on the human anatomy.
Read also: Pressure on for Indonesian police to end online witch hunt
