A proposal for decriminilisation of online defamation in Indonesia: towards a human rights-based approach

This paper offers a critical examination of Indonesia’s defamation law, particularly under the Information and Electronic Transactions (ITE) Law, through the lens of international best practices and the pressing need for reform in the digital age. Highlighting a gap in existing literature, this study advocates for a shift from criminalisation to civil remedies in online defamation provisions in Indonesia, where punitive measures currently pose risks to freedom of expression. Using a doctrinal comparative legal research method, this paper is organised in four sections: first it explores the legal transformation and contemporary challenges in the regulation of online defamation, then critically analyses the evolution of online defamation provisions within the ITE Law. It continues with a comparative analysis of online defamation laws in the UK, US and France, contrasting these with Indonesia’s approach, and concludes with proposed reforms for the 2024 ITE Law. It is argued that the piecemeal approach of Indonesian government in making legal reform in term of defamation provisions lead to inefficient change, which fails not only to comply with international best practices on human rights but also to adapt with the advancement of digital platform for online expression.