Freedom of speech on the internet is a difficult issue in Indonesia due to the controversial and often derided UU ITE law. Its critics say the online libel law limits free speech. But today one women who challenged the law won. This afternoon Ervani Handayani was handed a not guilty verdict, reports local media portal Viva, putting an end to one of Indonesia’s more controversial freedom of expression cases.
Back in June, Yogyakarta resident Handayani, 29, was accused of breaking the law after writing a Facebook post that berated the management of a local jewellry business. The case continued for several months, and in September authorities threw Handayani in jail for several days before her court date. The news was chronicled in depth by the Southeast Asia Freedom of Expression Network (SAFEnet).
Before Handayani was declared innocent by the Bantul district court this afternoon, she was facing five months in jail, followed by 10 months of probation, and a fine of Rp 1 million (US$79) with three months of house arrest.
Kabar baik: Ibu Ervani Handayani yg terjerat pasal 27 ayat 3 UU ITE diputus BEBAS oleh PN Bantul hari ini! #update pic.twitter.com/qDuvNpqD3A
— [dam] (@DamarJuniarto) January 5, 2015
See: How Indonesia’s problematic internet law will impede freedom of expression
Sticks and stones
The libel tussle started with Handayani’s husband. He used to work as a security guard for Jolie Jogja Jewellry, but was dismissed for refusing to be transferred to a store in another city. Handayani’s husband allegedly did not get his final salary or severance package. Subsequently, Handayani posted the following Facebook status (translated to English).
Mr. Har was good, but Ayas and the other SPV [supervisor] were not. We do not think he [Ayas] deserves to be a leader at Jolie Jogja Jewellery. Many times they exaggerated and were unstable like children!
This Facebook status prompted charges of online defamation. That charge, made at the end of July, ultimately lead to several more months of litigation and an unclear amount of jail time served by Handayani. Hamzal Wahyudin, the head of local advocacy group LBH Yogyakarta, says that Indonesian authorities should execute a more rigorous screening process before following through with action related to online defamation reports.
Ultimately, the court decided that authorities do not have sufficient evidence to characterize Handayani’s statement as defamation. Although Handayani has been acquitted, the case has cost her a considerable amount of time and energy that she’ll never be able to get back. In 2014, there were more than 40 cases such online libel cases related to the ITE law in Indonesia.
Rudiantara, Indonesia’s new information and communications technology minister, believes police don’t have a complete understanding about how to enforce the ITE law. The minister says he plans to educate local authorities on how best to handle the archipelago’s controversial red tape governing freedom of speech.
(Source: Viva)
This post Indonesian woman found innocent in controversial case of Facebook defamation appeared first on Tech in Asia.
Indonesian woman found innocent in controversial case of Facebook defamation
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