TY - JOUR
T1 - Criminal disinformation in relation to the freedom of expression in Indonesia
T2 - A critical study
AU - Prahassacitta, Vidya
AU - Harkrisnowo, Harkristuti
N1 - Publisher Copyright:
© 2021, Nicolaus Copernicus University. All rights reserved.
PY - 2021/12/22
Y1 - 2021/12/22
N2 - In a democratic society, the criminalisation of spreading disinformation is deemed a violation of freedom of expression. The development of information and communication technology, specifically the Internet, has changed people's perceptions of both disinformation and freedom of expression. This research critically analyses criminal law intervention against disinformation and freedom of expression in Indonesia. The research is document research, using a comparative approach that analyses laws and regulations on disinformation in Indonesia, Germany, and Singapore. For Indonesian law, this research focuses on the provision of Articles 14 and 15 of Law No. 1/1946, which criminalises disinformation in the public sphere. This research shows that Indonesia needs a new approach regarding the criminal prohibition of spreading disinformation. It recommends that criminal law intervention is limited only to disinformation that is spread on a massive scale and causes significant harm.
AB - In a democratic society, the criminalisation of spreading disinformation is deemed a violation of freedom of expression. The development of information and communication technology, specifically the Internet, has changed people's perceptions of both disinformation and freedom of expression. This research critically analyses criminal law intervention against disinformation and freedom of expression in Indonesia. The research is document research, using a comparative approach that analyses laws and regulations on disinformation in Indonesia, Germany, and Singapore. For Indonesian law, this research focuses on the provision of Articles 14 and 15 of Law No. 1/1946, which criminalises disinformation in the public sphere. This research shows that Indonesia needs a new approach regarding the criminal prohibition of spreading disinformation. It recommends that criminal law intervention is limited only to disinformation that is spread on a massive scale and causes significant harm.
KW - Criminalization
KW - Disinformation
KW - Freedom of expression
KW - Harm principles
KW - Indonesia
UR - http://www.scopus.com/inward/record.url?scp=85122190052&partnerID=8YFLogxK
U2 - 10.12775/CLR.2021.005
DO - 10.12775/CLR.2021.005
M3 - Article
AN - SCOPUS:85122190052
SN - 0866-9449
VL - 27
SP - 135
EP - 165
JO - Comparative Law Review
JF - Comparative Law Review
ER -