One of Indonesia’s most problematic internet laws is known as the ITE law. Enacted in 2008, the law lets citizens sue anyone who offends them online. Recently, Southeast Asia’s Freedom of Expression (SafeNet Voice), an organization which promotes freedom of speech, published a report which shows a worrying trend regarding the controversial law.
So far, out of 78 cases filed under the regulation since 2008, 41 of them happened in 2014 alone. An uptake in cases emerged in 2013, during which 27 cases were filed. Before that, there were less than 10 cases filed each year. If this trend continues, we’ll likely see even more people making charges under the ITE law in the coming years.
When it comes to the platforms these alleged acts of defamation take place on, Facebook and Twitter top the charts – accounting for 49 percent and 21 percent of all cases respectively. However, more private platforms such as Path, BBM, and SMS have also been convicted under the internet law.
When it comes to the clauses used when charging someone for online harassment, 92 percent fall under defamation – whether the online or offline clause, with another 5 percent cases are filed for insulting religion. As for the professions of those who sue, 37 percent of them are public officials, and 14 percent work in high-income positions in fields like medicine or law.
Out of all the 78 cases filed so far, 71 percent made it to courts. 13 percent of cases resulted in convictions, with the offender subject to less than a year in prison.
See: How Indonesia’s problematic internet law will impede freedom of expression
There are numerous factors which make the ITE law controversial. For example, the law does not have a strong definition of what might provide grounds for making someone feel “offended.” Law enforcers also arguably don’t have experience handling these types of cases. Some might also feel that SSMS should not be subject to the law.
ICT minister Rudiantara, who spoke at Startup Asia Jakarta 2014 recently, said that he plans to address this problem in one of three ways: reducing sentences for the convicted, appointing specialized law enforcers who have deeper understanding of these cases, or educating Indonesia’s law enforcers on how to better evaluate these cases.
This post Indonesia sees uptake in litigation over online harrassment: report appeared first on Tech in Asia.
Indonesia sees uptake in litigation over online harrassment: report
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