Legal Liability for Defamation through Digital Media under Indonesian Law

Abstract

This study examines legal liability for defamation through digital media under Indonesian law, focusing on the legal framework, elements of liability, and the boundaries between unlawful defamation and legitimate expression. The study employs library research with a normative juridical approach by examining legislation, Constitutional Court decisions, and relevant scholarly literature. Legal materials were collected through document analysis and analyzed qualitatively through identification, classification, comparison, and interpretation. The findings show that Law No. 1 of 2024 has reformulated digital defamation through Article 27A by establishing specific elements concerning intentional conduct, attacks against honour or reputation, allegations of a particular matter, public dissemination, and the use of electronic systems. Constitutional Court Decision No. 105/PUU-XXII/2024 further clarifies the scope of the provision by limiting its object to individuals. Legal liability therefore requires cumulative assessment of the statutory elements rather than reliance solely on the perceived offensiveness of digital content. The study also finds that effective enforcement requires reliable electronic evidence, contextual interpretation, and proportional application to protect individual reputation while safeguarding lawful freedom of expression.