The Alliance of Independent Journalists (AJI) has criticised the\nissuance of Ministerial Decree No.\u00a0127\/2026 from the Ministry of\nCommunication and Digital Affairs (Komdigi) regarding Electronic\nInformation and\/or Electronic Documents Containing Disinformation and\/or\nHate Speech Content.<\/p>\n
AJI Indonesia\u2019s General Chair, Nany Afrida, stated that the issuance\nof this decree poses a potential threat to press freedom and freedom of\nexpression in Indonesia. \u201cParticularly for media outlets using digital\nplatforms to publish investigative news and critical opinions,\u201d she said\nin a written statement on Tuesday, 7 April 2026.<\/p>\n
Nany remarked that phrases such as \u201ccontent disturbing society\u201d and\n\u201cdisrupting public order\u201d in the Komdigi decree, signed on 13 March\n2026, constitute elastic clauses that can be applied to any case.\nWithout a transparent independent mechanism, this regulation could\nbecome a tool for censoring information deemed not aligned with the\ninterests of authorities or state administrators.<\/p>\n
AJI noted that the regulation has already claimed a victim: the media\noutlet Magdalene.id, which faced access restrictions on its Instagram\naccount @magdaleneid<\/span> on 3 April 2026. The\ninaccessible content pertained to investigative coverage of the acid\nattack on Kontras activist Andrie Yunus, based on reports from the\nAdvocacy Team for Democracy (TAUD).<\/p>\n Nevertheless, Nany pointed out, the Press Law explicitly states that\nthe press must not be subjected to gagging, censorship, or broadcasting\nviolations.<\/p>\n \u201cHowever, in several cases, digital regulations have been used to\nrestrict press freedom, delete journalistic content, and hinder public\naccess to information,\u201d Nany said.<\/p>\n The first point of Komdigi Decree 127\/2026 reads: Establishing\nElectronic Information and\/or Electronic Documents containing elements\nof disinformation and\/or hate speech as Electronic Information and\/or\nElectronic Documents categorised as content disturbing society and\ndisrupting public order.<\/p>\n According to Nany, the phrase \u201celectronic information and\/or\nelectronic documents categorised as content disturbing society and\ndisrupting public order\u201d opens the door to broad disconnection of\ninformation access. It could even lead to broad and subjective\ninterpretations of news content, opinions, or investigative material,\nespecially if the restriction framework is not detailed or\nstringent.<\/p>\n She also stated that the provision potentially violates Articles 28E\nand 28F of the 1945 Constitution, as it limits access to information and\nfreedom of expression, particularly if used to restrict criticism of the\ngovernment or public institutions. Furthermore, it could contravene\nArticle 4 paragraph (1), Article 4 paragraph (3), and Article 18\nparagraph (1) of Law No.\u00a040 of 1999 on the Press.<\/p>\n \u201cThe absence of clear boundaries could potentially classify\njournalistic content as something that must be removed,\u201d she said.<\/p>\n The second point of Komdigi Decree 127\/2026 stipulates that Private\nScope Electronic System Organisers for User Generated Content must carry\nout access disconnection orders issued by the minister against\nElectronic Information and\/or Electronic Documents containing\ndisinformation and\/or hate speech as referred to in the First Dictum,\nwhich are urgent and must be handled as soon as possible without delay,\nno later than 4 (four) hours after receiving the access disconnection\norder.<\/p>\n Meanwhile, the third and fourth points provide explanations of the\nsecond point, regarding the implementation of the rules through the\nContent Moderation Compliance System (SAMAN).<\/p>\n AJI is concerned that journalistic content or critical information\ncould be misidentified as prohibited categories, thereby limiting\ncitizens\u2019 freedom to obtain important information.<\/p>\n The implementation of SAMAN is also seen as opening opportunities for\nstate intervention in the form of access disconnection to \u201cprohibited\u201d\ncontent, without explicit, detailed, and legally accountable parameters.\nMoreover, the use of the SAMAN system is not explained transparently.\nThe verification and clarification mechanisms are entirely in the hands\nof the Minister of Komdigi without independent oversight.<\/p>\n \u201cThis creates a risk of arbitrary restrictions on journalistic\ncontent that is critical of the government or certain parties,\u201d Nany\nsaid.<\/p>\n In addition, the absence of press law mechanisms for journalistic\ncontent and the lack of involvement of the Press Council or independent\nethical bodies indicate that legitimate journalistic works could be\nadministratively forced to be removed by digital platforms under\npressure from Komdigi.<\/p>\n \u201cSuch practices could potentially violate the press\u2019s right to\ndistribute information and could be categorised as a form of digital\ngagging,\u201d Nany said.<\/p>\n Therefore, AJI Indonesia has voiced five demands: urging the Minister\nof Komdigi to revoke Komdigi Decree No.\u00a0127\/2026, pressing the Ministry\nof Komdigi to restore access to the @Magdaleneid<\/span> account, and encouraging\nthe Government to evaluate and revoke Ministerial Decree No.\u00a0522\/2024 as\nit is no longer in line with Constitutional Court Decision\nNo.\u00a0105\/PUU-XXII\/2024 on revisions to the ITE Law.<\/p>\n \u201cThen, requesting the Press Council to take a stance and provide\nprotection for journalistic content,\u201d she said.<\/p>\n Previously, the Ministry of Communication and Digital Affairs\n(Komdigi) issued new regulations related to efforts to address content\ncontaining hate speech circulating on social media platforms. According\nto these regulations, platforms must remove such content within four\nhours of receiving an access disconnection order.<\/p>\n As quoted from Komdigi\u2019s statement, the government created these\nregulations considering several factors. One of them is that the\ndissemination of electronic information and\/or electronic documents\ncontaining disinformation and\/or hate speech in the digital space has\nthe potential to cause public unrest, social polarisation, and tangible\nnegative impacts.<\/p>\n It also causes public panic, disruptions to security and public\norder, erosion of trust in state institutions. Not only that, content\ncontaining hate speech also has the potential to trigger horizontal\nconflicts between ethnic groups.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/aji-urges-komdigi-to-revoke-decree-127-2026-citing-censorship-1775591473",
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