ASEAN Regional Coalition to #StopDigitalDictatorship “will be removed;” in response to a request for comment made by This Week in Asia, while Meta did not immediately respond.153 In the absence of intervention, the unchecked proliferation of disinformation poses a grave risk, potentially culminating in heightened waves of targeted attacks – and even atrocities – against Rohingya refugees in Indonesia and the broader South and Southeast Asian region. The systematic dissemination of online hate speech targeting the Rohingya has historically served as a catalyst for previous instances of targeted assaults on this vulnerable community. It is indisputable that the inadequacy of regulatory frameworks in managing this hostile online environment significantly contributed to the tragic events of the 2017 genocide against the Rohingya, compelling their forced displacement to neighbouring countries within Myanmar.154 2.3 Access to Effective Remedy The Indonesian Constitution contains general process, leaving them even more vulnerable references to the right of individuals to access or sometimes completely incapacitated and courts paralysed. and administrative bodies to seek damages. In practice, however, this constitutional guarantee is often impeded by corruption and political influence within the system. Cyber laws are also not equipped with provisions on access to an effective remedy in case of a breach, nor do these laws set up procedural safeguards and an independent mechanism to oversee their implementation. Thus, individuals or entities who suffer the consequences of a misinterpretation or misapplication of those cyber laws are all but Moreover, within the Indonesian legal system, crimes of libel and defamation under the Criminal Code can only be prosecuted through a complaint lodged by an injured party. Such a complaint mechanism is what is often wielded by individuals or certain groups with vested interests to target their critics. Equally problematic is Article 312 of the Criminal Code which provides that judges may assess the falsity of alleged libellous or deprived of their right to obtain redress.155 defamatory statements only in cases where Due to the limited recognition of Strategic accused’s assertion that he had been acting in Lawsuits Against Public Participation (SLAPP) pursuance of a general interest or self-defence or within the Indonesian legal framework, coupled (2) the accused is a public official acting within his with the absence of anti-SLAPP jurisprudence, official powers. This formulation gravely restricts human rights defenders (HRDs), activists, or any an accused’s scope of defence in court. By individual embroiled in judicial harassment cases extension, it hinders access to an effective remedy face significant challenges. Without the option to for HRDs and activists who face charges for have their cases dismissed, they are compelled to attempting to expose wrongdoing by authorities or navigate through a protracted and costly judicial private persons.156 Indonesia such an assessment is (1) necessary to test an 103

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