Document details

Unshackling Expression: A Study on Online Freedom of Expression in Indonesia

Association for Progressive Communications (APC);Cyrilla (2020), 27 pp.

ISBN 978-92-951113-32-9

"The situation of freedom of expression online in Indonesia affirms that Indonesia is shifting further from human rights and democracy. This is not much different from the situation in other countries in Southeast Asia which seem to be competing to be the worst in human rights and democracy. The shrinking space for democracy for civil society has the potential to make conditions worse because the state is difficult to be monitored and be reminded in protecting human rights, especially freedom of expression. Indonesia actually has quite a number of regulations that protect freedom of expression online or offline from laws to the constitution. However, there are still laws that restrict freedom of expression online, such as the Criminal Code, the ITE Law, the State Flag and Symbol Law and the Pornography Law. There is also a threat in the future if the Criminal Code Bill is passed because not only it will maintain articles that are often used to criminalise freedom of expression but it will also revive articles that have been revoked by the Constitutional Court. Apart from the legal substance that limits freedom of expression online, there are also problems in the application of the law. The application of treason and the ITE Law against Papuan activists and the application hate speech against human rights activists are some examples. The article on hate speech, which should be a tool to protect minority and vulnerable groups, is instead used to attack activists because law enforcement officials interpret all kinds of criticism or dislike as hate speech. Attacks on freedom of expression in Indonesia are increasingly diverse. Initially, attacks on freedom of expression online were generally related to slander, defamation and blasphemy but now it has expanded to treason articles, hate speech and spreading fake news. It is made worse by the presence of doxing, buzzing, bullying, hacking, blocking and shutting down the internet in a certain area." (Summary and conclusion, page 25-26)
Introduction, 1
Methodology, 4
Indonesia legal framework on online and offline freedom of expression, 4
Curtailment of online freedom of expression, 7
Attacks and cases of online freedom of expression, 12
Differences in online and offline expression restrictions, 20
Opportunities in legal advocacy on online freedom of expression, 22
Future violations and opportunities through bill, 24
Summary and conclusion, 25