Criminal Disinformation in Relation to the Freedom of Expression in Indonesia: A Critical Study
DOI:
https://doi.org/10.12775/CLR.2021.005Keywords
criminalisation, disinformation , freedom of expression , harm principles , IndonesiaAbstract
In a democratic society, the criminalisation of spreading disinformation is deemed a violation of freedom of expression. The development of information and communication technology, specifically the Internet, has changed people's perceptions of both disinformation and freedom of expression. This research critically analyses criminal law intervention against disinformation and freedom of expression in Indonesia. The research is document research using a comparative approach that analyses laws and regulations on disinformation in Indonesia, Germany, and Singapore. For Indonesian law, this research focuses on the provision of Articles 14 and 15 of Law No. 1/1946, which criminalises disinformation in the public sphere. This research shows that Indonesia needs a new approach regarding the criminal prohibition of spreading disinformation. It recommends that criminal law intervention is limited only to disinformation that is spread on a massive scale and causes significant harm.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2021 Comparative Law Review
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
Stats
Number of views and downloads: 1231
Number of citations: 1