Facing SLAPP in Indonesia: A Human Rights Approach to Judicial Measures Silencing Journalists

Abstract: The UN Human Rights Council has several times addressed the expanding issue of judicial harassments against journalists around the world. In a functioning democracy, it is important to protect the freedom of expression and the freedom of the press. The Council has emphasized that laws on defamation are used to intimidate public debate and public scrutiny. Generally, the term for this method is strategic lawsuit against public participation (SLAPP). The thesis uses Indonesia as a case study to show how SLAPPs are used to intimidate journalists and what consequences it has on the press environment. Southeast Asia is a global hotspot for these litigations and for the last decade there has been a worrying trend in Indonesia with constantly increasing numbers. The aim is to elaborate on the main reasons for SLAPPs against journalists in Indonesia and whether the situation complies with the country’s international human rights obligations under article 19 of the International Covenant on Civil and Political Rights (ICCPR). The Indonesian Press Law establishes a self-regulatory system to handle press disputes, which aims to avoid public court procedures for journalistic activities. However, due to legal uncertainty in case law, flexible formulations, and corruption, the lower courts sometimes disregard these protective mechanisms. Instead, journalists are judged under the general criminal provisions in the Indonesian Penal Code that have been shaped under authoritarian rule for the whole 20th century. In addition, an internet law from 2008 with heavy sanctions has shown to have severe consequences for online journalism. The arbitrary use of criminal provisions against journalists in the country is a serious threat to the freedom of expression and freedom of the press. This is a violation of the right constituted in article 19 of the ICCPR. In addition, civil lawsuits on dubious grounds and with high claims of damages are constantly targeting Indonesian journalists, often without intervention by the Police or the courts. These litigations risk a financial collapse for press corporations and create self-censorship in the media landscape. Therefore, Indonesia also fails in its duty to protect individuals covered by the right in ICCPR from abuses by other private actors.