ITE Law 2024: A Threat or Protection? Key Highlights of the Second ITE Law Revision

Fri, 20 Sep 2024 09:15 | News | Editorial INTI

Jakarta, INTI - The latest revision of the Electronic Information and Transactions Law (ITE) through Law Number 1 of 2024 has sparked various critical views from the public. Since it was first implemented in 2008, the ITE Law has often become a heated debate, especially regarding its impact on freedom of speech in Indonesia. This time, the second revision of the ITE Law brings several significant changes that need to be highlighted, both in terms of strengthening legal protection and its implications for digital freedom.

Balancing Freedom and Legal Regulation

One of the main issues discussed in the ITE Law revision is the balance between freedom of expression in the digital world and the need to maintain legal order. Social media has become the primary platform for people to voice their opinions. At the same time, however, these platforms are also often used to spread illegal content, such as defamation, hoaxes, and hate speech.

It is important to emphasize that freedom of speech does not mean freedom without limits. However, the main challenge of this revision is how to ensure that the regulations implemented are not used to silence legitimate criticism. The revision must provide clearer definitions regarding defamation and hate speech to prevent any party from misusing the law for personal or political gain.

Strengthening Personal Data Protection

In an era where personal data is one of the most valuable assets, the revised ITE Law is expected to provide better protection for users in the digital world. Personal data protection must be a top priority in this revision, especially given the many cases of data misuse in Indonesia in recent years.

The recently enacted Personal Data Protection Law (PDP Law) can serve as a strong legal foundation to ensure that citizens' personal data is protected from misuse. However, the ITE Law also needs to be aligned with the PDP Law to strengthen the existing legal framework.

Cybersecurity Attacks and Digital Platform Responsibilities

The increasing number of cybersecurity attacks is also a major consideration in the revision of the ITE Law. The government and digital platforms need to collaborate to enhance cybersecurity in Indonesia. The responsibility of digital platforms in handling the misuse of their services must be clearly regulated, especially in terms of removing illegal content and protecting user data.

However, it is important to remember that overly strict regulations can harm innovation. Digital platforms must be given the freedom to grow while maintaining responsibility for ensuring cybersecurity and user protection.

Learning from Global Experience

Indonesia can learn from other countries in regulating the digital ecosystem. International standards such as the General Data Protection Regulation (GDPR) in the European Union can serve as a reference in drafting effective and balanced regulations. The implementation of global standards will help Indonesia maintain its competitiveness in the global technology market and ensure better protection for the digital community.

Combating Disinformation without Restricting Criticism

The spread of hoaxes and disinformation is one of the main reasons behind the revision of the ITE Law. However, it is important to note that law enforcement actions against hoaxes must be transparent and non-selective. Legitimate criticism should not be criminalized under the guise of spreading disinformation.

The government's steps in combating disinformation must be based on the principles of openness and democracy. The regulations implemented should not limit public space for delivering constructive criticism, especially toward government policies.

Transparency and Public Participation in the ITE Law Revision

The lack of public involvement in the previous ITE Law revision process has been one of the main criticisms of the law. As a regulation that has a direct impact on digital life, the ITE Law revision must involve various parties, including civil society, industry players, and academics.

Public participation will ensure that the ITE Law reflects the broader needs and aspirations of society, while preventing the domination of certain parties' interests in the formation of regulations.

Eliminating Ambiguous Provisions

One of the biggest criticisms of the ITE Law from the start has been the existence of "rubber" provisions, particularly regarding defamation. These provisions have often been used to target those who voice criticism against the government or public officials. If not corrected, the ITE Law revision could exacerbate this situation.

To prevent misuse, the definitions related to defamation must be clarified. Fair and non-discriminatory law enforcement will help prevent the criminalization of legitimate criticism while maintaining open democratic space in Indonesia.

The ITE Law revision of 2024 must address the challenges of the digital era without sacrificing freedom of speech. Additionally, this revision must strengthen personal data protection, ensure cybersecurity, and align Indonesia's regulations with global standards. Through transparency and public involvement, the ITE Law can become a more effective instrument in regulating a safe and democratic digital ecosystem in Indonesia.