Legalizing Defamation or Protecting Free Speech? The Indonesian Court’s Rulings on Digital Libel in the Age of Social Media

Abstract

As digital communication becomes increasingly central to public discourse, courts in Indonesia face growing pressure to balance the right to free speech with protections against defamation, particularly in online settings. This study examines judicial decisions related to digital libel, especially under the controversial Electronic Information and Transactions (EIT) Law, which has been criticized for its vague definitions and potential to criminalize dissent. Using case law analysis and doctrinal review, the research assesses how courts interpret the boundaries between expression, public interest, and reputational harm in the age of social media. The findings reveal a judicial pattern that often prioritizes social order and morality over individual rights, resulting in convictions that may stifle legitimate criticism and public participation. While some rulings attempt to incorporate constitutional protections of freedom of expression, inconsistencies in judicial reasoning and the discretionary use of the EIT Law continue to create legal uncertainty. This study argues that the current jurisprudence risks normalizing the criminalization of speech, particularly when used by state actors against critics and journalists. The novelty of this research lies in its focus on digital-era defamation from a rights-based perspective, highlighting the tension between outdated legal frameworks and emerging digital realities. Policy and judicial reform are urgently needed to ensure that defamation law protects reputations without undermining democratic freedoms.