Indonesia’s defamation laws are again in the spotlight, as local media follows the story of a student who has allegedly defamed the city of Yogyakarta.
According to a Jakarta Post article (see here), a joint criminal complaint was filed by NGOs and community groups against Florence Sihombing, a 26 year-old law student. Florence has been detained by police, so far for two days, while the matter is investigated. According to an ABC article (see here), in a post on social media platform Path, Florence said that the city of Yogyakarta was "poor, stupid and uneducated” and advised her friends in Jakarta and Bandung not to live there. It apparently all started when Florence tried to jump a queue for petrol - videos of the incident have been posted on YouTube, as have numerous angry reactions.
We’ve written about defamation before (see here, for example). Defamation is a criminal offence in Indonesia, and also gives rise to a civil cause of action.
Residents of Yogyakarta are obviously upset by the comments and authorities will need to deal with the situation. From a legal perspective the case exposes the shortcomings of Indonesia’s defamation laws - that Florence can be charged with a criminal offence for making these comments, and detained while the matter is investigated, reveals how powerful a tool these laws can be. It also exposes the potential for abuse. Consider that in Indonesia Directors are personally liable for the criminal acts of a corporation
It is vitally important to avoid making any statements on record that could be regarded as defamatory, as this will give rise to a defamation claim. This extends to accusations of infringement of intellectual property, particularly where there isn't strong evidence to support the claim.
(Florence Sihombing, image from ABC)