Rabu, Februari 15, 2023

Seven Material Draft Amendments for Forthcoming Second Amendment to the Electronic Information and Transactions Law Proposed

Indonesia’s Minister of Communication and Information Technology, Johnny G. Plate ("Minister"), has affirmed that the government has proposed various amendments that it hopes will ultimately feature in the forthcoming Second Amendment ("Draft Amendment") to Law No. 11 of 2008 on Electronic Information and Transactions ("ITE Law"), along with its academic script, to the Head of Indonesia’s House of Representatives (Dewan Perwakilan Rakyat – "DPR"). The Minister has stated that said proposals are being aimed at resolving various issues and have been proposed in response to Indonesia’s ever-changing public dynamic.
In regard to the above proposals, the Minister has highlighted seven main areas that have been proposed as subjects of the forthcoming Draft Amendment, including: 1) Harmonization of criminal provisions on public decency, contempt and/or defamation with those set out under Law No. 1 of 2023 on the Criminal Law Code; 2) The crime of spreading false and misleading news will only be applicable in cases where consumers suffer material losses; 3) The crime of spreading false content relating to ethnicity, religion, race and inter-groups will be introduced; 4) Criminal provisions on cyber-bullying will be adjusted; and 5) Criminal sanctions that apply in relation to various crimes that cause persons to suffer losses at the hand of other persons will be significantly increased.
In addition to the above proposed amendments, the Minister has stated that, based on the results of public discussions held by the Ministry of Communication and Information Technology in 2022, the inclusion of restorative justice as a part of the ITE Law has also been proposed, specifically in relation to the unlawful spread of offensive or defamatory content that will only be legally processed based on submitted complaints (delik aduan).
The Minister has stated his belief that the above-proposed restorative justice provisions represent a long-term solution to the establishment of legal order within cyberspace. This matter was previously addressed under guidelines for several articles that deal with actions that are prohibited under the ITE Law, as featured under Joint Decree of the Minister, the Attorney General and the Head of the Indonesian Police Force No. 229 of 2021, No. 154 of 2021 and No. KB/2/VI/2021 and these guidelines will continue to apply in the short term. _{(KEMENKOMINFO)}

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Indonesia’s Minister of Communication and Information Technology, Johnny G. Plate ("Minister"), has affirmed that the government has proposed various amendments that it hopes will ultimately feature in the forthcoming Second Amendment ("Draft Amendment") to Law No. 11 of 2008 on Electronic Information and Transactions ("ITE Law"), along with its academic script, to the Head of Indonesia’s House of Representatives (Dewan Perwakilan Rakyat – "DPR"). The Minister has stated that said proposals are being aimed at resolving various issues and have been proposed in response to Indonesia’s ever-changing public dynamic.
In regard to the above proposals, the Minister has highlighted seven main areas that have been proposed as subjects of the forthcoming Draft Amendment, including: 1) Harmonization of criminal provisions on public decency, contempt and/or defamation with those set out under Law No. 1 of 2023 on the Criminal Law Code; 2) The crime of spreading false and misleading news will only be applicable in cases where consumers suffer material losses; 3) The crime of spreading false content relating to ethnicity, religion, race and inter-groups will be introduced; 4) Criminal provisions on cyber-bullying will be adjusted; and 5) Criminal sanctions that apply in relation to various crimes that cause persons to suffer losses at the hand of other persons will be significantly increased.
In addition to the above proposed amendments, the Minister has stated that, based on the results of public discussions held by the Ministry of Communication and Information Technology in 2022, the inclusion of restorative justice as a part of the ITE Law has also been proposed, specifically in relation to the unlawful spread of offensive or defamatory content that will only be legally processed based on submitted complaints (delik aduan).
The Minister has stated his belief that the above-proposed restorative justice provisions represent a long-term solution to the establishment of legal order within cyberspace. This matter was previously addressed under guidelines for several articles that deal with actions that are prohibited under the ITE Law, as featured under Joint Decree of the Minister, the Attorney General and the Head of the Indonesian Police Force No. 229 of 2021, No. 154 of 2021 and No. KB/2/VI/2021 and these guidelines will continue to apply in the short term. _{(KEMENKOMINFO)}

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