8 INHERITED CHALLENGES PRABOWO-GIBRAN MUST ADDRESS

/ Campaign, Digital Security, Freedom of Expression, Indonesia, Internet Access / By

SAFENET POSITION STATEMENT ON GOVERNMENT TRANSITION: 8 INHERITED CHALLENGES PRABOWO-GIBRAN MUST ADDRESS

SAFEnet holds the belief that the digital realm possesses the potential to bestow tremendous benefits upon humanity. However, a prerequisite to realizing this potential is ensuring that the internet remains an open space for all to share and access information. Furthermore, the internet must be a safe environment for everyone. It is important to recognize, however, that the internet is neither neutral nor devoid of values. There is a constant tug-of-war between greedy digital corporations striving for maximum profit and authoritarian states seeking to control public discourse.

In recent years, the state of internet freedom and safety in Indonesia has not only stagnated but has, in some instances, regressed. This is evident from the Freedom on the Net scores released by Freedom House. For 2024, the report, launched just two days ago, indicates that Indonesia has scored 49, categorizing the nation as partly-free. In 2019, Indonesia had a score of 51, which dropped to 49 in 2020, further decreased to 48 in 2021, then slightly rose to 49 in 2022, only to fall again to 47 in 2023.

This stagnation reflects a lack of adequate respect, protection, and fulfillment of digital rights within Indonesia. SAFEnet identifies at least Eight Inherited Challenges from Joko Widodo regime concerning digital rights that the new administration must address:

  1. Criminalization of Legitimate Online ExpressionFrom 2013 until June 2024, a total of 723 individuals have been reported to the authorities using the ambiguous provisions of the ITE Law, predominantly on defamation charges. The amendments made in 2016 and 2024 failed to resolve these issues, as criminalization persists to this day. The persistence of vague provisions, such as defamation and false news, underscores the weak commitment of the government and parliament to uphold freedom of expression. The new Criminal Code, set to be enacted in 2026, also retains numerous problematic articles, including those on defamation, false news, blasphemy, and insults against the president and state officials.
  2. Internet Throttling and ShutdownsIn Papua and various regions experiencing socio-political unrest, internet slowdowns persist. SAFEnet recorded at least 36 instances of internet disruption in 2022, with 21 incidents taking place in Papua. In 2019, a widespread internet shutdown persisted for weeks in Papua. In Wadas, shutdowns also occurred during residents’ resistance against mining activities in 2022. Despite the Jakarta Administrative Court’s 2020 ruling declaring internet shutdowns unlawful, the latest draft of the Polri Bill reinstates the state’s authority to slow down and disrupt internet access.
  3. Website BlockingNumerous websites offering information and education on LGBT rights and Papua are blocked by the government, rendering them inaccessible to the public. Over the past year, the government, through the Ministry of Communication and Information (Kominfo), has also issued threats to block social media platforms like X and Telegram for non-compliance with Indonesian regulations. Such actions constitute an infringement on the right to information that fails to meet international human rights standards for limitations.
  4. Content CensorshipThe Ministry of Communications and Informatics Regulation Number 5/2020, enforced in 2022, has proven to be an effective instrument for censoring legitimate expressions on social media platforms. Imposing substantial fines on digital platforms without transparent mechanisms or fair appeals processes drives excessive content moderation. This is exemplified by Budi Arie Setiadi’s “War on Judol,” which has led to the removal of numerous posts –those even not related to online gambling at all– due to platform fears of incurring fines from Kominfo.
  5. Lack of Commitment to Personal Data ProtectionOver the past two years, there have been at least 113 incidents involving personal data breaches. Ransomware attacks on National Data Center 2 and suspected data leaks from the Directorate General of Taxes this year alone have caused both material and non-material harm to Indonesian citizens. Although the Personal Data Protection Law has been enacted, the formation of a personal data authority remains unclear, even as the deadline looms. This reflects the government’s inadequate commitment to safeguarding citizens’ personal data.
  6. Increase in Digital AttacksThe frequency and diversity of digital attacks targeting activists and journalists continue to rise. SAFEnet’s monitoring and complaint channel indicate that at least 1,030 digital attacks occurred between 2020 and March 2024. Critical groups such as activists, journalists, and students are disproportionately affected, particularly during critical moments such as the organization of protests, public discussions on sensitive issues, or after posting content critical of the government.
  7. Violence, Discrimination, and Marginalization in the Digital SpaceThe digital realm remains perilous for vulnerable groups. Victims of online gender-based violence continue to increase, with 4,005 reports submitted to SAFEnet’s complaint channel from 2019 to June 2024. The internet also remains inaccessible for vulnerable groups, including people with disabilities, and children continue to fall prey to cybercrimes such as fraud and grooming. Moreover, internet access remains unequal, lacking meaningful access across Indonesia.
  8. Weak Accountability of Digital PlatformsHate speech, disinformation, bullying, and state-sponsored disinformation continue to proliferate in the digital space, driven by platform algorithms. SAFEnet’s findings reveal that the content moderation policies and practices of platforms still fail to protect the safety rights of vulnerable groups, especially women, LGBT, and the Rohingya. Social media corporations like TikTok, Facebook, and Instagram continue to gain profit from engagement with harmful content on their platforms. The government has yet to implement effective initiatives to ensure platform accountability in alignment with human rights.

These circumstances highlight the state’s failure to respect, protect, and fulfill its citizens’ digital rights. The state, both by commission and omission, remains complicit in violations of digital rights. Laws, policies, and actions that often contradict or fall short of international human rights standards, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, the Human Rights Charter and Principles on the Internet, and the UN Guiding Principles on Business and Human Rights. Therefore, SAFEnet calls upon the new administration to:

  1. Respect digital rights by halting all forms of digital rights violations, including repealing laws and policies that infringe on human rights, ceasing all forms of digital attacks allegedly conducted by state apparatus, and stopping state-sponsored disinformation campaigns;
  2. Protect digital rights by enacting the necessary laws and policies to guarantee personal data protection, the right to privacy, and the right to personal safety;
  3. Fulfill digital rights by promoting affordable, accessible, and meaningful internet access throughout Indonesia;
  4. Engage civil society in a meaningful manner when drafting digital laws and policies in Indonesia to ensure internet governance that is transparent, accountable, democratically overseen, and in accordance with international human rights standards.

Southeast Asia Freedom of Expression Network (SAFEnet)
October 18, 2024