Southeast Asia Freedom of Expression Network (SAFEnet), June 2015

1. Protecting Freedom of Expression
and Digital Rights:
The Case Study of Indonesia
Southeast Asia Freedom of Expression Network
SAFENET
Southeast Asia Freedom of Expression NetworkFreedom 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 the
past, 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 the
government. Due to the lack of transparency and imprecise blocking mechanism, there have been
reports that breastfeeding website, video sharing website such as Vimeo, environment websites
such as Orang Utan protection, LGBT websites such as ourvoice.org, and Papua websites such as
papuapost.com are blocked.
The Citizen Lab's report on the spy
software FinFisher found it to be present
at 5 different telecommunication
companies.
We also received an anonymous tip that
the National Intelligence Board (BIN)
has planted FinSpy, a variant of
FinFisher, to surveil their targets.
Friends for Fair Information and
Communication (SIKA): a new group of
CSO, previously from Internet Defender
Front: A group which carries out legal
intervention on internet price and government
tax on ISPs and KIDP/Broadcast Democracy:
a group which conducts legal intervention on
digital broadcasting issues.
Jakarta residents campaign on "Netizen Prison" on Car Free Day (9 November 2014). The campaign was carried
out by SafeNet and its network to draw public and government attention about the importance of repealing Article
27 Paragraph 3 of the UU ITE.
Digital Democracy Forum (FDD):Aforum which
promotes freedom of expression as a basic
element for democracy, advocates for the
creation of open data clubs, and develops
democratic tools for people to participate in
politics.
Internet Without Fear Coalition (KITA): A
coalition which gives legal advocacy for
netizens who are in trial, educates lawyers and
judges about Internet Law and Human Rights,
launches public campaigns to increase
awareness and solidarity.
Indonesia CSOs Network for Internet
Governance (ID-CONFIG): a
coalition of civil society groups that
focuses on multi-stakeholder
principle of internet governance.
www.safenetvoice.orginfo@safenetvoice.org @safenetvoice

2. Since the internet came to Indonesia in the
'90s, people in Indonesia have used the
internet to, for example, find information for
educational purposes, increase their income,
disseminate political agenda, and monitor
elections. These activities are supported by the
internet infrastructure provided by internet
service providers (ISPs), which has continued
to improve in terms of speed and penetration.A
recent report from Akamai shows that internet
speed in Indonesia has grown by 149% (3.7
Mbps) on Q3 2014 compare to previous year
(1.4 Mbps).
Bantul’s support for release of Ervani from detention because of article
27 (3) EITLaw, 11 November 2015.
Internet Landscape
Source: Akamai Q3 2014 34,9
%
penetrationnetizen
88,1
million
population
252,4
million
of the cases
occurred in 2014
59%
since the 2008 EIT law
enactment through 2014
74cases
ONLINE
DEFAMATION
CASES
19%
Political Election
7%
Institution
5%
Corruption
5%
Transaction
40%
Personal
24%
Critics
Source: www.safenetvoice.org
online defamation
rose to 4 cases per month
From 2008 to 2014, there have been at
least 74 people sued under the ITE
Law, 92% of them sued for online
defamation under Article 27 point 3,
5% for blasphemy under Article 28
point 2, 1% for making online threats
underArticle 29.
36% of the cases were because they
criticized the government (e.g., mayor,
regent, and institution) or reported
possible corruption, while the other
40% cases were because they used
the internet/social media to express
their dissatisfaction over services
provided.
In June 2015, the number of reports
rose to 90 people. The trend shows at
least 4 people being sued each month
for online defamation.
Freedom of Speech
association on Facebook in a secret group
discussion. The association sent the police
to catch him and put him on trial. He is now
still in hiding.
4. Florence Sihombing - College Student -
Yogyakarta
Florence criticized the city and the people of
Yogyakarta on her Path account, which
resulted in her being on trial for defamation.
The prosecutor asked the judge to sentence
her with 6 months jail time. At the time of
writing, the judge has yet to decide on her
case.
5-6. Agus Slamet & Udin - Anti Corruption
Activist -Tegal
Agus and Udin were held in custody after the
mayor of the city of Tegal, Siti Mastiah, sued
them for defamation. At the time of writing,
they are awaiting trial.
7. Ronny Maryanto Romaji - Head of Local
Election Supervisory Committees -
Semarang
Ronny monitors elections for instances of
election law violations, including money
politics. In 2014, a politician suspected to be
corrupt sued him for defamation because
the online media reported on Ronny's
investigation against him. At the time of
writing, the police is still examining the case.
8. Dian Rustya - Blogger -Tuban
Dian criticized the public health center in her
town and as a result she was sued by the
head of the center. At the time of writing, the
police is still examining the case.
9. Fadhli Rahim - Civil Servant at Tourism
Agency - Gowa
Last February, Fadhli was sentenced to jail
for 8 months because he chatted with a
fellow high-school alumni on his LINE chat
app about the mayor of Gowa district.
10. Muhammad Arsad - Civil Servant at Local
H R D A g e n c y - S e l a y a r
Arsad was sentenced to 2 years in prison for
sending an SMS message to his supervisor,
Selayar Regent Syahrir Wahab, reminding
him that the due process on corruption is
applicable to Selayar's administration.
Current Freedom of Expression cases:
1. Muhammad Arsyad - Corruption Eradication
Activist - Makassar
For expressing his opinion by posting "Don't
be fear of threats and don't choose the
brother of a corruptor" (sic) on his own
BlackBerry Messenger (BBM) status,Arsyad
went to jail for 100 days. During the trial,
threats were leveled against him, but the
judge set him free. His case represents the
ongoing situation of "speakers's crisis"
where speakers like Arsyad now are afraid to
express their criticism about the local
government through online media.
2. Deddy Endarto - Humanist - Mojokerto
Deddy was sued by the owner of a steel
factory for defamation right after he gathered
votes for an online petition through
change.org website to stop the steel factory
from opening a new plant in the historical site
of Trowulan. He is currently on trial and still
fighting for his right to express his opinion.
3. Apung Widadi - Anti Corruption Activist -
Jakarta
Apung created a post about the corruption
scandal inside Indonesia's national soccer