314
Indonesia
663,495). Anyone downloading pornography faces up to four years imprisonment or
a fi ne of up to 2 billion rupiah (approximately USD 221,165). In January 2011, Irham
of the Peterporn affair was sentenced to three and a half years in jail for “ giving an
opportunity for others to spread, produce and prepare a pornographic video, despite
denying that he had distributed the video tapes. ”
43 In 2009, women and minorityrights groups asked for a judicial review but their appeal was dismissed.
The Electronic Information and Transaction Law and the Anti-Pornography Law
have both been invoked to block online content. Paragraph 2 of the Electronic Information and Transaction Law prohibits the dissemination of information that is
intended to invoke hatred or hostility toward individuals or groups of people based
on race, ethnicity, and religion. In 2010, the law was invoked when the Ministry of
Communications and Information Technology ordered ISPs to block the “ Everybody
Draw Mohammed Day ” Facebook group.
44 The antipornography law was used to
justify the ministry ’ s clampdown on pornographic Web sites during the Peterporn
scandal.
45
In February 2010, the Ministry of Communication and Information Technology
announced a draft bill on regulating Internet content. Embedded within this was a
plan to create a monitoring team that would have the power to order ISPs to block
Web sites that contained content defi ned as illegal under the Electronic Information
and Transaction Law and the antipornography law.
46 The idea was unpopular among
the public because many saw the plan as a violation of existing media laws and as a
threat to freedom of expression.
47 As a result of intense public scrutiny, the plan was
put on hold. However, the online release of Peterporn in May 2010 breathed new life
into the plan and was used as a justifi cation for Internet content regulation.
48 On June
18, President Susilo Bambang Yudhoyono announced, “ We have increasingly realized
that our nation should not stay naked and be crushed by the information technology
frenzy, because there will be many victims. ”
49 For the president, the scandal highlighted the need for further regulation of the Web.
50 On July 21, 2010, the Ministry
of Communications and Information Technology ordered ISPs to block all pornographic Web sites before Ramadan and urged schools to install fi lters and warnets to
use DNS Nawala to block access to pornographic content.
51 By late July, Trust Positive
had been installed in all Internet-enabled computers that were supplied to villages
under the government-sponsored Smart Village program.
52
Amid the Peterporn scandal, the House of Representatives Commission ordered
the ministry to resume work on the draft bill on regulating Internet content. As of
June 2010, the ministry was in the process of revising the bill and was hoping to
pass it by the end of the year.
53 The new draft revised the powers of the monitoring
team so that they would respond to public complaints about content and would
order ISPs to block such content only if the material could be deemed illegal under
existing laws.
54
Précédent

- 331/431

Suivant