Ismira Lutfia – Local media and bloggers who transmit ideas electronically should not feel that their freedom of expression is under threat from the controversial 2008 Electronic Information and Transactions Law, Communication and Information Technology Minister Muhammad Nuh said on Monday.

He added, however, that the media and bloggers only had the right to electronically publish the information that did not defame others or offend tribal affiliation, religion, race or societal group status, referred to collectively as SARA.

Nuh said any blog content conflicting with SARA could be interpreted as giving approval to ignite public unrest, but at the same time he encouraged blogging as a form of expression.

In December 2008, a group of bloggers and media rights advocates filed an application for judicial review of a clause in the law, known as the ITE law, with the Constitutional Court.

The clause allows the filing of defamation charges in cases involving electronically transmitted or distributed information, and permits a maximum sentence of six years imprisonment or a fine up to Rp 1 billion ($85,000) for anyone who transmits and distributes information considered to be defamatory.

Hendrayana, head of the Legal Aid Center for the Press, said court proceedings so far have included a preliminary hearing and a testimony from an information technology expert.

The group believed that the clause and its definitions lacked clarity and were therefore liable to multiple interpretations. It also argued that the law contravened the constitutional guarantee of freedom of expression.

During the second day of hearings on Thursday, Aswin Sasongko, the ministry's secretary general, said the ITE law was a "general prevention" provided by the state to its people. In his testimony, Aswin said the law guaranteed the people's constitutional rights, and as long as the public and the media fulfilled their responsibilities accordingly, there would be no need to feel threatened.

Nuh said applying for a judicial review was the people's right and that he appreciated such a move. However, he said it would be up to the Constitutional Court to decide the constitutionality of the law.

"The [judicial] review only tries to revoke the sanctions, but the rest the law itself is not problematic," Nuh said, adding that the penalty would also apply to those who transmit information that is used for blackmail.

"I think that's the essence of the law," Nuh said, adding that as the government institution in charge of the law, his office would follow the review's proceedings and would testify before the court.

Nuh said his office would respect whatever the decision is handed down by the court, even if it decides to revoke the law. "As a government institution, we respect and will comply with the court's decision and we will make adjustments to the law," Nuh said.

Leo Batubara, deputy chief of the Press Council, or DKP, said that 2008 saw three new laws that could pose a threat to press freedom, including the laws on elections, freedom of information and electronic information and transactions.