In 2025, it was also revealed that First Wap, a company registered in Indonesia, has been selling technology used to target tens of thousands of phone numbers belonging to activists and public figures around the world, including those in Indonesia165. This revelation raised concerns about the country’s export regulations for surveillance technology and added to existing concerns about the alleged abuse of surveillance technology, which has already been documented in Indonesia166. Despite numerous incidents indicating a decline in digital rights, there has been a positive development: the Constitutional Court’s decision on the repressive Electronic Information and Transaction (ITE) Law. On April 29, 2025, the Court partially granted a petition by environmental activist Daniel Frits Maurits Tangkilisan, who challenged a controversial defamation clause in the law167. In April 2024, Tangkilisan was sentenced to seven months in prison for Facebook comments criticizing the environmental impact of a shrimp pond project in the Karimunjawa Islands, off northern Central Java. Local residents filed a complaint, claiming his posts offended them, which led to his prosecution under the ITE Law168. The Court’s April 2025 ruling clarified that defamation charges under the law can be initiated only by individuals, not by “government agencies, groups with specific identities, institutions, corporations, professions, or positions.”169 Judge Arif Hidayat stated that Tangkilisan’s criticism was “a form of supervision, correction, and suggestions related to community interests.”170 This ruling marks a significant step forward for free expression in Indonesia, where the ITE Law has often been used to target critics of the government and state institutions. According to Amnesty International Indonesia, between January 2018 and July 2025, at least 758 civilians were criminalized under the vague provisions of the ITE Law171. “Investigation: Tracing Phone Numbers of Activists and Public Figures.” Tempo.co, 15 Oct. 2025, www. tempo.co/investigasi/lacak-nomor-ponsel-aktivis-tokoh-publik-2079647. 166. “Israeli Firms Sold Invasive Surveillance Tech to Indonesia: Report.” Al Jazeera, 3 May 2024, www.aljazeera. com/news/2024/5/3/israeli-firms-sold-invasive-surveillance-tech-to-indonesia-report. 167. Yuniar, Resty Woro. “Victory for Free Speech in Indonesia as Court Curbs Defamation Law.” South China Morning Post, 18 May 2025, www.scmp.com/week-asia/politics/article/3310674/victory-free-speechindonesia-court-curbs-defamation-law. 168. Ibid. 169. Basyari, Igbal, and Hidayat Salam. “Constitutional Court Prohibits Government Agencies From Complaining About Defamation.” Kompas.id, 29 Apr. 2025, www.kompas.id/artikel/en-mk-laranglembaga-pemerintah-adukan-pencemaran-nama-baik. 170. Yuniar, Resty Woro. “Victory for Free Speech in Indonesia as Court Curbs Defamation Law.” South China Morning Post, 18 May 2025, www.scmp.com/week-asia/politics/article/3310674/victory-free-speechindonesia-court-curbs-defamation-law. 171. Siagian, Oyuk Ivani. “Amnesty: 758 Criminalized Under ITE Law Despite President’s Call for Criticism.” Tempo.co, 15 Aug. 2025, en.tempo.co/read/2039900/amnesty-758-criminalized-under-ite-lawdespite-presidents-call-for-criticism. 165. 40

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