Freedom of Expression on Social Media: A Legal Perspective and the Application of the ITE Law

Abstract

Advancements in information technology have established social media as a vital space for the public to express opinions, criticisms, ideas, and information. However, these developments also give rise to legal issues when freedom of expression clashes with the dissemination of false information, insults, defamation, and hate speech. This study aims to analyze the legal framework regarding the protection and restriction of freedom of expression on social media and to examine the application of the Electronic Information and Transactions (ITE) Law to digital expression. The research employs a normative-juridical method utilizing statutory, conceptual, and case-based approaches. Primary legal sources include the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 11 of 2008 concerning Electronic Information and Transactions (and its amendments), and relevant court rulings. The findings indicate that freedom of expression is a constitutional right under Article 28E paragraph (3) and Article 28F of the 1945 Constitution, yet it is subject to restriction under Article 28J. The application of the ITE Law to digital expression must take into account the elements of the criminal offense, the context of the statement, the communicative intent, and the principle of proportionality. Amendments introduced via Law Number 1 of 2024 reflect efforts to clarify digital norms and enhance legal certainty. Proportional law enforcement is essential to ensure that public protection does not devolve into excessive restrictions on freedom of expression.