Indonesia’s controversial Information and Electronic Transactions Act (UU ITE), which criminalizes online defamation, has often been criticized by those who think it is used as a tool by elites to silence their critics. In an unprecedented case, the law is now being used in a defamation investigation in which the complainant is the leader of a foreign country.
Sultan Haji Hassanal Bolkiah Mu’izzadin Waddaulah, the leader of the small neighboring monarchy nation of Brunei, has reported an Indonesian Instagram user to the Jakarta Metro Police for defamation.
“The complainant who was in Hotel Mahakam, South Jakarta, saw an Instagram post by somebody with the username ‘anti-Hassanal’ that contained photos of the victim (the sultan) and words that promoted hatred,” said Jakarta Metro Police Spokesman Argo Yuwono, as quoted by Republika today.
Argo added that the sultan filed the complaint through Brunei’s state police yesterday.
Argo did not go into further detail regarding the content of the post. The identity of the poster has not been revealed.
UU ITE was ostensibly created to protect the country from cyber crimes. However, due to its vague wording, it has controversially been applied to criminalize complaints, criticism, and even opinions posted online.
While there has never been a case of a foreigner filing a defamation report under UU ITE, the police might very well argue that it falls under their obligation to “protect the interest of the nation”, since upsetting the leader of a neighboring country may very well cause diplomatic strain.
Defamation under UU ITE is punishable by up to four years’ imprisonment.
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