Page 8 - Harmonisation of Anti-Fake News Legislation in ASEAN Flip Book

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Law No. 44 of 2008 on Pornography (Indonesia) (‘Law on Pornography’). Amendment to Electronic Information and Transactions Law (n 14).
Harmonisation of Anti-Fake News Legislation in ASEAN
a. Law No. 11 of 2008 on Electronic Information and Transactions (ITE);13
b. Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions; 14
c. Government Regulation No. 80 of 2019 on Trading Through Electronic Systems (‘GR 80’)15
d. Law No. 36 of 1999 on Telecommunication; 16
e. Law No. 14 of 2008 on the Openness of Public Information;17 and
f. Law No. 44 of 2008 on Pornography.18
Of the above legislation, only the two laws on electronic information and transactions and Government Regulation No. 80 are relevant to this study of fake news.
The Law on Electronic Information and Transactions (ITE)19 together with its explanatory notes20 was proclaimed in April 2008. The law covers “electronic information” which is defined as “one cluster or clusters of electronic data ... that have been processed for meaning or understandable to persons qualified to understand them”.21 The Law is an omnibus law covering the whole range of telecommunica- tion offences including cybercrime. The discussion which follows is restricted to content related offences only. Whilst the 2016 Amendment to Law on Electronic Information and Transactions22 did not amend the
13 Law of the Republic of Indonesia Number 11 of 2008 Concerning Electronic Information and Transactions (Indonesia) [tr NTT Development Planning Agency (BAPPEDA), Indonesia] (‘Electronic Information and Transactions Law’).
14 Law Concerning Electronic Information and Transactions 2008 (as amended by Law 19 of 2016) (Indonesia) [tr Wishnu Bbasuki] (‘Amendment to Electronic Information and Transactions Law’).
15 Government Regulation Number 80 Year 2019 on Trade Through Electronic System (Indonesia) [tr Minister of State Secretariat] (‘GR 80 2019’).
16 Law of The Republic of Indonesia Number 36 of 1999 on Telecommunications (Indonesia) [tr Ministry of Communications and Informatics and Cabinet Secretariat] (‘Law on Telecommunications’).
17 Law of the Republic of Indonesia Number 14 of 2008 on Public Information Openness (Indonesia) [tr Ministry of Communications and Informatics, Indonesia] (‘Law on Public Information Openness’).
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and Transactions (Indonesia) [tr NTT Development Planning Agency (BAPPEDA), Indonesia] (‘Elucidation of Electronic Information and Transactions Law’).
Elucidation of Law of the Republic of Indonesia Number 11 of 2008 Concerning Electronic Information 21 Electronic Information and Transactions Law (n 13) art 1(1).
22 Amendment to Electronic Information and Transactions Law (n 14). 44