Page 11 - Harmonisation of Anti-Fake News Legislation in ASEAN Flip Book

Dr Robert Smith
lash at the time of enactment of the Law40 only one application for review was lodged with the Constitutional Court.41 The review was concerning art 31(4) which provided for further provisions or proce- dures for interception of electronic information by law enforcement officials to be regulated by way of a government regulation. The court found this to be unconstitutional.42
Machmuddin and Pratama have identified two fundamental flaws in the drafting of the Information and Electronic Transaction Law.43 One flaw is related to terminology and the other to what they refer to as ‘cyber space problems’.44 They consider that the law was drafted in haste and should have focused more on information and electronic transactions and not tried to regulate areas such as defamation, inter- ception of data, hate speech and gambling.45 They also found incon- sistency of cyber terms in the Law.46 It should be noted that restricted content under this Law is much broader in scope than harmful content as used by social media platforms such as Facebook and Twitter.47 This is amplified in Table 3.1 where the relevant articles are compared with those of the Facebook Community Standards.48
40 Tapsell (n 12) 5.
41 Decision Number 5/PUU-VIII/2010 Concerning Judicial Review of Law Number 11 Year 2008 concerning Electronic Information and Transactions under the 1945 Constitution of the State of the Republic of Indonesia (The Constitutional Court of the Republic of Indonesia, Bench of Nine Justices, No 5/PUU-VIII/2010 24 February 2011) (‘Judicial Review of Law Number 11 Year 2008’).
42 Ibid s 5.
43 D D Machmuddin and B Pratama, ‘Some of Indonesian Cyber Law Problems’ (2017) 801(1) Journal
of Physics: Conference Series. 44 Ibid 2.
45 Ibid.
46 Ibid.
47 Janitra Haryanto, ‘What’s Next for Social Media in Indonesia?’, ASEAN Blog (Blog Post, 18 March 2020) <https://thediplomat.com/2020/03/whats-next-for-social-media-in-indonesia/>.
48 ‘Community Standards’, Facebook (Policy Statement, 2020) <https://www.facebook.com/ communitystandards/>.
47