ASEAN Regional Coalition to #StopDigitalDictatorship non-commercial activities. In addition, the ITE Law over 1,021 cases where human rights defenders faced also incorporates provisions aimed at combating prosecution, arrests, attacks, and threats under the cybercrime. These provisions target various forms defamation article in ITE Law.29 of illicit activities occurring in cyberspace, including hacking, unauthorised access to computer systems, and the dissemination of illegal content. One of the notable aspects of the ITE Law is its applicability to a broad spectrum of stakeholders, including individuals, businesses, and governmental entities, engaging in electronic transactions. However, the ITE Law has sparked debates and controversies, particularly concerning its potential impact on freedom of expression. Certain provisions within the law, notably defamation, hate speech, and the dissemination of false information, have drawn criticism for their perceived overreach and ambiguity. Critics argue that these provisions pose a risk of being weaponised to suppress dissenting voices intensify the threat Combating Fake News: Ambiguities and Threats to Expression In the original version of the ITE law, Articles 28 and 45 A(3) address hoaxes and hate speech online, imposing severe penalties of up to six years in prison and a fine of IDR 1 billion ($66,884). Article 28(1) prohibits the act of “disseminating, knowingly and without title, false and misleading information resulting in injury to customers of “[e]lectronic [t] ransactions.”30 Criminal hate speech can likewise be found in Article 28(2), which proscribes the spreading of information with the intention of provoking hate or enmity among individuals or groups based on their to public access to information.25 ethnicity, religion, race or group identity. Despite Weaponising Defamation: Unveiling the Threat in Indonesia’s ITE Law protection and prevent hate crimes respectively, Under the original version of the ITE Law, Article 27 “hate speech,” for instance, could be understood in (3) prohibits the distribution, transmission, and/or many different ways depending on their context.31 granting of access of electronic information and/or This ambiguity becomes even more concerning in electronic documents with offensive and/or defamatory light of the questionable integrity of the Indonesian content.26 However, the original version of the ITE judiciary and law enforcement. these clauses being intended to reinforce user Law did not provide a clear definition of content that could be deemed insulting or defamatory.27 While, the Second Amendment of the ITE Law, in Article 27A, it is defined as intentionally attacking the honour or good name of another person by accusing them of something, with the intention of making the matter known to the public through electronic information or electronic documents via an electronic system.28 It remains a flexible provision with the potential to they are extremely susceptible to erroneous and expansive interpretations: “false information” and In the Second Amendment of the ITE Law, Article 28(3) was introduced, stating, “Everyone knowingly disseminates Electronic Information and/or Electronic Documents that he knows contain false notifications that cause riots in society.” This addition raises even more concerns than the previous version, as it introduces ambiguity and potential for abuse. This article lacks clarity in defining what constitutes a criminalise critical communities. “false notification,” leaving it open to subjective Historically, the ITE Law has been weaponised to of misuse and selective enforcement, as individuals silence human rights defenders, academics, and or authorities may exploit the vague language to commoners. Between January 2019 and December suppress dissenting opinions or target individuals or 2022, Amnesty International Indonesia documented groups based on political or ideological differences. 78 interpretation. Consequently, there is a heightened risk Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia