Page 9 - Harmonisation of Anti-Fake News Legislation in ASEAN Flip Book

Dr Robert Smith
articles defining content related offences, the accompanying notes23 did elucidate on some matters. Other than the defining of particular words such as ‘distribute’, ‘transmit’ and ‘cause to be accessible’ it did clarify that art 27(3) referred to ‘the provisions for defamation and/ or slander as governed by the Criminal Code’24 and art 27(4) referred to ‘the provisions for extortion/and or threats as governed by the Criminal Code’.25 The relevant articles of the Law that may relate to the promulgation of fake news are:
Art 27(1): No Person shall intentionally and unauthorisedly distribute and/or transmit and/or cause to be accessible Electronic Information and/or Electronic Records with contents against propriety.26
Elucidation of Article 27 Section (1): “Distribute” means send and/or disseminate Information and/or Electronic Records to many people or various parties by means of Electronic Systems.27 ...
Art 27(3): No Person shall intentionally and unauthorisedly distribute and/or transmit and/or cause to be accessible Electronic Information and/or Electronic Records with contents of affronts and/or defamation.28
Elucidation of Article 27 Section (3): The provision of this section shall refer to the provisions for defamation and/or slander as governed by the Criminal Code.29
Art 27(4): No Person shall intentionally and unauthorisedly distribute and/or transmit and/or cause to be accessible Electronic Information and/or Electronic Records with contents of extortion and/or threats.30
23 Ibid (notes on pages 24 and 25 of the translation).
24 Criminal Code 1999 (Indonesia) [tr Hukumonline.com] ch XVI (‘Indonesian Criminal Code’).
25 Ibid ch XXIII.
26 Amendment to Electronic Information and Transactions Law (n 14) art 27(1) (italics added).
27 Ibid “Elucidation of Article 27(1)”.
28 Ibid art 27(3) (italics added).
29 Ibid “Elucidation of Article 27(3)”.
30 Ibid art 27(4) italics added.
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