Nurul Fitri Ramadhani, Jakarta – The government has tried to meet public demand by proposing the amendment of several draconian articles in the 2008 Electronic Information and Transactions (ITE) Law.
In a hearing with House of Representatives Commission I overseeing communication, technology, defense and foreign affairs on Monday, Communications and Information Minister Rudiantara outlined several key changes in the revision, including a controversial article on defamation.
The article regulates criminal punishment for anyone who purposely and without authority distributes or transmits electronic information or documents with libellous or defamatory content, making them accessible to the public.
A further article states that violations of the regulation are punishable with up to six years' imprisonment and a fine of up to Rp 1 billion (US$76,660). The ministry thus aimed to specify the definition of defamation and reduce the detention period to four years and the fine to Rp 700 million.
"Under the revised point, the authorities can't arbitrarily arrest and detain people they suspect of defamation. So, netizens don't need to worry anymore about expressing criticism," Rudiantara said.
Activists have criticized the article as it is seen as criminalizing anyone who deliberately distributes and/or transmits and/or makes accessible electronic information or documents that contain slanderous and defamatory language.
Since the implementation of the ITE Law in 2008, a number of people have been jailed for their online activities. Housewife Prita Mulyasari was sued for defamation by Omni International Hospital in 2009 after she complained about the hospital's services on an online mailing list.
In 2010, a former doctor at Tangerang General Hospital, Ira Simatupang, was sentenced to five months in jail for libel by the Tangerang District Court. She had tried to report sexual abuse allegedly perpetrated by one of her colleagues, but lacked evidence.
She wrote emails regarding the abuse to her colleagues and superiors at the hospital. The doctor who she had accused of sexual abuse reported her for defamation. Ira was then dismissed from her job.
The ministry also wants to make defamation a crime based on victim reports, meaning law enforcers could only process a case if there were reports from victims. The change is expected to prevent abuses of power by law enforcers.
Commission I member Tantowi Yahya of the Golkar Party said several lawmakers disagreed with the proposed sentence reduction. "Some even recommended increasing the sentence to more than six years. That's why we have yet to deliberate the law, because we first have to reach an agreement about the sentence period," Tantowi said.
Asked about the revision, House Commission deputy chairman I TB Hasanuddin said, "in principal, the law should not undermine freedom of speech but people should realize that they need to express their thoughts properly." (wnd)