Hoax Spreader Ensnared by Many Articles
The Head of the Public Information Bureau of the Public Relations Division of the National Police, Brigadier General Rikwanto, said that people who spread false information or hoaxes (hoax spreaders) in cyberspace would be subject to positive law.
The positive law in question is the applicable law. Thus, hoax spreaders will be subject to the Criminal Code, Law No. 11 of 2008 concerning Information and Electronic Transactions (ITE), Law No. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, and actions when hate speech has caused social conflict.
Rikwanto revealed that hoax spreaders in cyberspace could also be subject to hate speech as regulated in the Criminal Code and other laws outside the Criminal Code.
Hate speech includes insults, defamation, and acts that do not appease, provoke, incite, or spread fake news.
“So, this hoax must be harmed, be it a person or a corporation who feels disadvantaged. If there is not, then there tends to be gossip in cyberspace. Therefore, there needs to be an object and subject for this hoax,” said Rikwanto at the Press Council, Jakarta, Thursday, 12 January 2017.
Rikwanto explained that hate speech usually aims to incite and incite hatred against individuals and community groups, including ethnicity, religion, religious sect, beliefs/beliefs, race, inter-group, skin color, ethnicity, gender, people with disabilities, to orientation. Sexual.
“The spread of hate speech hoaxes can be done in the form of campaign speeches, banners, social media networks, public opinion expressions, religious lectures, print, and electronic mass media, to pamphlets,” he said.
Meanwhile, the Director General of Informatics Applications of the Ministry of Communication and Informatics, Semuel Abrijani Pangerapan, said that the legal basis for handling harmful content is currently listed in the amendment to the ITE Law.
He explained, Article 40 paragraph (2) of Law No.19 of 2016 concerning Amendments to Law No.11 of 2008 concerning Information and Electronic Transactions, Article 40 paragraph (2a) of Law No.19 of 2016 concerning Amendments Based on Law No. 11 of 2008 concerning Information and Electronic Transactions.
Then, Article 40 paragraph (2b) of Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, to Minister of Communication and Informatics Regulation No. 19 of 2014 concerning Handling of Negatively Loaded Sites.
Semuel said there were two things to talk about hoaxes. First, fake news must have a subject-object value that is harmed. Second, violating Article 28, paragraph 2 of Law No. 11 of 2008 concerning Information and Electronic Transactions.
Article 28, paragraph 2 reads, “Every person intentionally and without right disseminates information aimed at creating feelings of hatred or hostility towards certain individuals and groups of people based on ethnicity, religion, race, and inter-group (SARA).”
“If the news causes hatred, hostility, and causes disharmony in society. The penalty is a six-year sentence (prison sentence) and a fine of IDR 1 billion,” said Semuel.
