A Critical Analysis of Restrictions on Freedom of Expression in the Digital Era: A Legal and Human Rights Perspective on the Implementation of the Electronic Information and Transactions Law in Indonesia

DOI

10.2991/978-2-38476-519-5_50How to use a DOI?

Keywords

Freedom of Expression; Human Rights; Information and Electronic Transactions; Digital Space; Indonesia

Abstract

Freedom of expression is a fundamental human right vital to a democratic society; nonetheless, its application encounters considerable problems in the digital era, especially in Indonesia. This paper critically examines limitations on freedom of expression within the Indonesian legal system, specifically through the Electronic Information and Transactions Law, and their ramifications for the preservation of human rights. Although the ITE Law was originally intended to protect the public from cybercrime, several of its articles, such as Articles 27 and 28, tend to be “rubber articles” that are open to multiple interpretations and are vulnerable to abuse to criminalize critical expression, have a chilling effect, and hinder public participation. Using normative legal research methods, this study analyzes relevant laws and regulations, legal norms, legal principles, and legal doctrines, including Article 28J of the 1945 Constitution, and compares domestic regulations with international human rights standards. The results reveal a tension between law enforcement efforts and guarantees of freedom of expression. Ambiguous articles in the ITE Law are often misused, exacerbated by low digital literacy and systematic cyberattacks against critical expression. This study concludes that a comprehensive revision of the ITE Law, particularly the articles on defamation and hate speech, is urgent. This revision must be based on international human rights principles and standards of legal clarity to prevent abuse of power. It is recommended that the government increase public awareness and education on responsible limits to freedom of expression, involve various stakeholders in the legislative process, and strengthen the capacity of law enforcement officials to ensure that regulatory implementation aligns with the constitution and principles of justice.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Randy Pradityo
AU  - Hartiwiningsih Hartiwiningsih
AU  - Sasmini Sasmini
PY  - 2025
DA  - 2025/12/29
TI  - A Critical Analysis of Restrictions on Freedom of Expression in the Digital Era: A Legal and Human Rights Perspective on the Implementation of the Electronic Information and Transactions Law in Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 627
EP  - 644
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_50
DO  - 10.2991/978-2-38476-519-5_50
ID  - Pradityo2025
ER  -