Cyber Rights
Contents
1.
History, Defini<on
2.
The legal issues
à
- Defama<on : libel & slender
- Cyber Harassment
à
sexual, bullying
3.
Privacy vs Freedom of Expression
Cyber Rights…
• Cyber Rights à
analyzing the legal issues involved with communica<ng on the Internet
• Also rela<ng to Privacy
• Mike Godwin à to
keep the Internet safe from government
The legal issues…
1. (online) Defama/on
• Defama<on law
provides a cause of ac<on through the
court to compensate a person for the damage suffered by the reason of a published aYack on reputa<on
Libel
• defama<on by wriYen
or printed words,
pictures, or in any form other than by spoken words or gestures
Slender
• harmful statement in a
transient form, especially speech
The elements of Publica/on
à
• What form did the
publica<on take? Oral, wriYen, conduct?
Defama<on in Indonesia…
• Ar/cle 27 (3) Law No. 11
Year 2008:
“Any Person who knowingly and without authority
distributes and/or transmits and/or causes to be
accessible Electronic
Informa3on and/or
Electronic Records with contents of affronts and/or defama;on.”
The elements of Ar<cle 27 (3): 1. Any Person
2. who knowingly and without authority
ü distributes
ü and/or transmits
ü and/or causes to be
accessible
3. Electronic Informa<on and/or Electronic Records 4. with contents
ü contents of affronts
Ar/cle 310 KUHP (Penal Code):
(1) The person who inten;onally harms someone’s honor
or reputa;on by charging him with a certain fact, with the obvious intent to give publicity thereof, shall, being guilty of slander, be punished by a maximum
imprisonment of nine months or a maximum fine of three hundred rupiahs*
(2) If this takes place by means of wri;ng or portraits
disseminated, openly demonstrated or put up, the principle shall, being guilty libel, be punished with a maximum imprisonment or one year and four months or a maximum fine of three hundred rupiahs*
(3) Neither slander nor libel shall exist as far as the
principle obviously has acted in the general interest or
The legal interpreta<on of ‘defama<on’ clause is
confusing and bias for legal enforcer, furthermore the implementa<on of Ar<cle 27 (3) may violates social
jus<ce due to the lack of legal elements as (already) stated on Ar<cle 310; while the public /user doesn’t
2. Privacy and Freedom of Expression
The main causes : the development of IT? 1. Cloud Compu<ng 2. Search Engines 3. Social Networks 4. Smartphone and
mobile Internet
5. OTT (Over the Top) services
The legal threats: à State Surveillance on:
1. Real <me intercep<on 2. Real <me
communica<on scanning
3. Data Gathering
4. Internet Censorship 5. Anonymity Limita<on
