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