Do You Like "Spilling Tea" on Social Media? Here's What You Can Spill, Legally!

Setiap Orang dengan sengaja, dan tanpa hak mendistribusikan dan/atau mentransmisikan dan/atau membuat dapat diaksesnya Informasi Elektronik dan/atau Dokumen Elektronik yang memiliki muatan penghinaan dan/atau pencemaran nama baik.

 

Those who commit defamation face a potential sentence of 4 years in prison and/or a maximum fine of Rp. 750 million.

The Exception: You Can Spill This Information!

However, there are rules that must be taken into account when implementing Article 27 Paragraph 3 of the ITE Law. According to Joint Decree of the Minister of Communication and Information Technology, the Attorney General, and the Head of the State Police of the Republic of Indonesia Number 219, 154, and KB/2/VI/2021 of 2021 concerning Guidelines for the Implementation of Certain Articles in Law Number 11 of 2008 concerning Information and Transactions Electronic (SKB UU ITE) here's what you have to look deeper into before using and applying Article 27 of ITE Law:

 

Defamation = Article 310 and Article 311 of the Criminal Code (KUHP).

The Criminal Code's (KUHP) Articles 310 and 311 are referenced in insults and/or defamation and cannot be separated from them. 

 

According to Article 310 of the Criminal Code, it is illegal to undermine someone's honor by claiming that something is publicly known. Article 311 of the Criminal Code, on the other hand, deals with accusing someone of something when the accuser is aware that the accusation is false.

 

Things You Can Spill

If the content is expressed as an assessment, opinion, evaluation, or fact, it does not violate the terms of Article 27 paragraph 3 of the ITE Law's prohibition on insults and/or defamation.

 

You Have to Report It All by Yourself