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Draconian law returns to haunt netizens
Jakarta Post - October 18, 2016
House of Representatives Commission I overseeing information, defense and foreign affairs completed the final review of its revision to the 2008 Electronic Information and Transactions (ITE) Law on Monday, maintaining an old statute that limits people's activities on the internet.
Despite strong public calls to eliminate contentious articles that have often led to the imprisonment of netizens, the House and the government have retained the articles criminalizing defamation, hoaxes and cyber-bullying – defined as posting texts, pictures, videos and memes deemed to incite fear or cause embarrassment.
In the end, the revision only led to lighter sentencing guidelines for these offenses, now allowing for a maximum punishment of four years in prison.
House Commission I deputy chairman TB Hasanudin of the Indonesian Democratic Party of Struggle (PDI-P) argued that reducing the punishment constituted a reasonable compromise.
"We want to respect people's freedom of expression, but on the other hand, we should also protect other people's right to be free from defamation and bullying. So, all people can be protected," he argued.
The government has promised that light mockery or teasing will not be considered cyber-bullying. "It can only be applied to heavy bullying, which is done continuously to make victims feel fearful and depressed," said Henry Subiakto, a special staffer with the Communications and Information Ministry.
Indonesians are among the world's most devoted netizens with large numbers of users registered on social media and instant messaging apps. Hooked up to the internet, Indonesians spread hoaxes and consume jokes and funny memes as a daily source of entertainment.
This behavior has led to rampant social media wars in the midst of the gubernatorial election in Jakarta, in which supporters have posted memes about candidates and even false information.
Most recently, reports were spread through news portals and social media sites that National Police chief Gen. Tito Karnavian would order the National Police's Criminal Investigation Department (Bareskrim) to inspect National Mandate Party (PAN) patron Amien Rais. Tito said he never ordered Bareskrim or any other department to investigate Amien.
According to data from the Southeast Asia Freedom of Expression Network, 200 people have been prosecuted using the draconian law since it was first implemented in 2008.
The number of people criminalized has increased in recent years, reaching 62 people in 2015, compared to just two in 2008, the data showed. Roughly 90 percent of the cases were defamation cases.
Indonesian Information and Communications Technology (ICT) Institute founder and IT expert Heru Sutadi said the government should offer a coherent explanation of the articles so that people could understand what kinds of reports could be followed up by the police. During campaign periods, the public should be particularly careful about posting their opinions and avoid spreading hoaxes or insulting candidates.
"I'm afraid that the prisons will be full because many people post things related to sectarianism and post unverified claims as though they are rational," Heru said.
Social analyst Devie Rahmawati from the University of Indonesia said even though the House and the government had tried to shackle netizens, it did not mean that media outlets and the public would immediately change their behavior on the internet. (adt)
Source: http://www.thejakartapost.com/news/2016/10/18/draconian-law-returns-haunt-netizens.html.
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