Page 13 - Harmonisation of Anti-Fake News Legislation in ASEAN Flip Book

Dr Robert Smith
Electronic Information and Transactions Law – Restricted Content
Facebook Community Standards – Harmful Content
Art 28(2) No Person shall intentionally and unauthorisedly disseminate infor- mation with intent to incite hatred
or dissension on individuals and/
or certain groups of community on the basis of ethnic groups, religions, races, and intergroups (communal disturbances).55
Coordinating harm and publicising crime is prohibited.56
A very explicit list as to what constitutes hate speech and is not to be posted on Facebook.57
Source: Analysis by the author
As can be seen in Table 3.1, art 27(1) has much broader coverage than does that of Facebook as does art 27(3), especially as Facebook does not consider defamation in its Community Standards. Even if it had included them it would be a very difficult task for the Facebook moderators to detect. Art 27(4) and art 28(4) and their Facebook equivalents have similar coverage although the burden of proof is no doubt much higher in the case of Facebook. The very broad coverage of the Indonesia laws would appear to be due to its very conservative and vocal society, especially on moral and religious issues.
Under Government Regulation No. 80 of 2019 on Trading Through Electronic Systems (‘GR 80’)58 an e-business company includes interme- diary facility providers such as search engine companies, social media companies, hosting companies with both foreign and local entities subject to the same provisions.59 The provisions relevant to interme- diary service operators in relation to fake news are those related to
55 Amendment to Electronic Information and Transactions Law (n 14) s 28(2).
56 ‘Community Standards’ (n 48) s 3.
57 Ibid s 12.
58 GR 80 2019 (n 15).
59 Ibid art 22.
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