- 21/07/2023
- Category: Press Release
YouTube Channel CfDS, July 18, 2023 – Freedom of expression has become a common sight on timelines. Therefore, individuals can easily comment on what they see based on their opinions. However, with this freedom, does it only positively impact expressing aspirations? Or does it also bring new problems that need to be addressed? Through Diffusion #96: “Breaking Chains: Social Media and Freedom of Speech,” the Center for Digital Society (CfDS) took a closer look at how freedom of expression can impact society and how it should be exercised. This Diffusion featured M. Irfan Dwi Putra (Research Assistant at CfDS) and Mario Hartanto (Research Assistant at CfDS) as speakers and Puspa Verena (Community Outreach Assistant at CfDS) as the moderator.
Democratization and Freedom of Opinion in Social Media
Mario Hartanto initiated the discussion by stating that freedom of expression is a human instinct and even considered as a human right. Freedom of expression is one of the elements of democracy. Democracy extends not only to the physical world but also to social media.
Democratization in social media is essential. It ensures self-fulfilment and maximizes the potential of individuals, helps them discover the “truth” and advance knowledge, increases their participation in decision-making processes, and assists the state in achieving stability and adaptability.
Furthermore, Mario emphasized the need for democratization in social media because in the present time, many Indonesians are digitally literate. In this era of Industry 4.0, internet penetration in Indonesia has reached 77.02% (2021-2022). This has led to a significant increase in social media users in Indonesia. These factors encourage democratization in social media. Various challenges in its implementation – such as the misuse of freedom through verbal violence, hate speech, hoaxes, defamation, and others – can be anticipated by limiting freedom of opinion through applicable laws.
“We are free to express our opinions on social media. However, it is important to remember that we must also comply with the law, respect the privacy of others, report concerning online behavior, think before sharing something on social media, and preserve literacy,” concluded Mario.
Freedom of Expression in the Digital World and Cyber Ethics
Continuing the discussion initiated by the first speaker, M. Irfan Dwi Putra shared his opinion on freedom of expression, particularly from a legal perspective. Irfan agreed that freedom of expression is an essential part of human rights. However, he emphasized that strict laws must still regulate it.
The recognition and protection of the right to freedom of expression internationally are governed by Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR). At the national level, it is regulated by Article 28E, paragraph (3) of the Indonesian Constitution of 1945 and Article 23, paragraph (2) of the Human Rights Law (Law No. 39/1999). The existence of these regulations is motivated by the digital world, which creates a dimension where enforcing the law is extremely difficult, precisely due to jurisdictional and anonymity issues. These problems allow individuals to express themselves without fear of legal consequences.
“Freedom of expression has its limits because it is not absolute. There are obligations and responsibilities attached to it,” as emphasized by Irfan. Based on Article 19(3) of the ICCPR, restrictions on the right to freedom of expression must be prescribed by law to respect the rights and reputations of others. In Indonesia, these limitations are also regulated by Article 18J, paragraph (2) of the Indonesian Constitution. Additionally, there are limitations on freedom of expression related to cyber ethics, as outlined in the Ten Commandments of Computer Ethics by the Computer Ethics Institute, as well as Article 27 and Article 28 of the Information and Electronic Transactions Law (UU ITE).
“With these legal foundations, it is hoped that the public can be more aware and apply freedom of expression on social media with a sense of responsibility,” as concluded by Irfan.
Author: Allysa Putri Rendry
Editor: Ni Kadek Ayu Pratiwi and Nadya Olga Aletha
