Protecting Freedom of Expressionand Digital Rights:

The Case Study of Indonesia

Southeast Asia Freedom of Expression Network

SAFENET

S o u t h e a s t A s i a F r e e d o m o f E x p r e s s i o n N e t w o r kFreedom to Access Information

Privacy

CSOs Efforts to Protect Freedom of Expression

and Digital Rights in Indonesia

TRUST+ database is a list of websites that contain negative content, mostly pornography. In thepast, the list was managed by Ministry of Communication and Information Technology (MCIT).ISPs must block content listed in TRUST+ database or their business license will be revoked by thegovernment. Due to the lack of transparency and imprecise blocking mechanism, there have beenreports that breastfeeding website, video sharing website such as Vimeo, environment websitessuch as Orang Utan protection, LGBT websites such as ourvoice.org, and Papua websites such aspapuapost.com are blocked.

The Citizen Lab's report on the spysoftware FinFisher found it to be presentat 5 different telecommunicationcompanies.

We also received an anonymous tip thatthe National Intelligence Board (BIN)has planted FinSpy, a variant ofFinFisher, to surveil their targets.

Friends for Fair Information andCommunication (SIKA): a new group ofCSO, previously from Internet DefenderFront: A group which carries out legalintervention on internet price and governmenttax on ISPs and KIDP/Broadcast Democracy:a group which conducts legal intervention ondigital broadcasting issues.

Jakarta residents campaign on "Netizen Prison" on Car Free Day (9 November 2014). The campaign was carriedout by SafeNet and its network to draw public and government attention about the importance of repealing Article27 Paragraph 3 of the UU ITE.

Digital Democracy Forum (FDD):A forum whichpromotes freedom of expression as a basicelement for democracy, advocates for thecreation of open data clubs, and developsdemocratic tools for people to participate inpolitics.

Internet Without Fear Coalition (KITA): Acoalition which gives legal advocacy fornetizens who are in trial, educates lawyers andjudges about Internet Law and Human Rights,launches public campaigns to increaseawareness and solidarity.

Indonesia CSOs Network for InternetGovernance (ID-CONFIG): acoalition of civil society groups thatfocuses on mult i-stakeholderprinciple of internet governance.

www.safenetvoice.orginfo@safenetvoice.org @safenetvoice

Since the internet came to Indonesia in the'90s, people in Indonesia have used theinternet to, for example, find information foreducational purposes, increase their income,disseminate political agenda, and monitorelections. These activities are supported by theinternet infrastructure provided by internetservice providers (ISPs), which has continuedto improve in terms of speed and penetration.Arecent report from Akamai shows that internetspeed in Indonesia has grown by 149% (3.7Mbps) on Q3 2014 compare to previous year(1.4 Mbps).

Bantul’s support for release of Ervani from detention because of article27 (3) EIT Law, 11 November 2015.

Internet Landscape

Source: Akamai Q3 2014 34,9%

penetrationnetizen

88,1million

population

252,4million

of the casesoccurred in 2014

59%

since the 2008 EIT lawenactment through 2014

74cases

ONLINEDEFAMATION

CASES

19%Political Election

7%Institution

5%Corruption

5%Transaction

40%Personal

24%Critics

Source: www.safenetvoice.org

online defamationrose to 4 cases per month

From 2008 to 2014, there have been atleast 74 people sued under the ITELaw, 92% of them sued for onlinedefamation under Article 27 point 3,5% for blasphemy under Article 28point 2, 1% for making online threatsunderArticle 29.

36% of the cases were because theycriticized the government (e.g., mayor,regent, and institution) or reportedpossible corruption, while the other40% cases were because they usedthe internet/social media to expresstheir dissatisfaction over servicesprovided.

In June 2015, the number of reportsrose to 90 people. The trend shows atleast 4 people being sued each monthfor online defamation.

Freedom of Speech

association on Facebook in a secret groupdiscussion. The association sent the policeto catch him and put him on trial. He is nowstill in hiding.

4. Florence Sihombing - College Student -Yogyakarta

Florence criticized the city and the people ofYogyakarta on her Path account, whichresulted in her being on trial for defamation.The prosecutor asked the judge to sentenceher with 6 months jail time. At the time ofwriting, the judge has yet to decide on hercase.

5-6. Agus Slamet & Udin - Anti CorruptionActivist - Tegal

Agus and Udin were held in custody after themayor of the city of Tegal, Siti Mastiah, suedthem for defamation. At the time of writing,they are awaiting trial.

7. Ronny Maryanto Romaji - Head of LocalElection Supervisory Committees -Semarang

Ronny monitors elections for instances ofelection law violations, including moneypolitics. In 2014, a politician suspected to becorrupt sued him for defamation because

the online media reported on Ronny'sinvestigation against him. At the time ofwriting, the police is still examining the case.

8. Dian Rustya - Blogger - Tuban

Dian criticized the public health center in hertown and as a result she was sued by thehead of the center. At the time of writing, thepolice is still examining the case.

9. Fadhli Rahim - Civil Servant at TourismAgency - Gowa

Last February, Fadhli was sentenced to jailfor 8 months because he chatted with afellow high-school alumni on his LINE chatapp about the mayor of Gowa district.

10. Muhammad Arsad - Civil Servant at LocalH R D A g e n c y - S e l a y a r

Arsad was sentenced to 2 years in prison forsending an SMS message to his supervisor,Selayar Regent Syahrir Wahab, remindinghim that the due process on corruption isapplicable to Selayar's administration.

Current Freedom of Expression cases:

1. Muhammad Arsyad - Corruption EradicationActivist - Makassar

For expressing his opinion by posting "Don'tbe fear of threats and don't choose thebrother of a corruptor" (sic) on his ownBlackBerry Messenger (BBM) status, Arsyadwent to jail for 100 days. During the trial,threats were leveled against him, but thejudge set him free. His case represents theongoing situation of "speakers's crisis"where speakers like Arsyad now are afraid toexpress their criticism about the localgovernment through online media.

2. Deddy Endarto - Humanist - Mojokerto

Deddy was sued by the owner of a steelfactory for defamation right after he gatheredvotes for an online petition throughchange.org website to stop the steel factoryfrom opening a new plant in the historical siteof Trowulan. He is currently on trial and stillfighting for his right to express his opinion.

3. Apung Widadi - Anti Corruption Activist -Jakarta

Apung created a post about the corruptionscandal inside Indonesia's national soccer