In an effort to accommodate recent developments in the electronic information and transactions (EIT) sector in Indonesia, Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions took effect in November. The Amendment clarifies the definition of an Electronic System Provider (ESP); provides an element of privacy protection; and authorizes the Indonesian Government to terminate access, or order an ESP to terminate access, to electronic information or documents with content that violates applicable laws and regulations. The Amendment also includes definitions of “distributing,” “transmitting,” and “making accessible” — three elements that are relevant to prohibitions against the sharing of any electronic information or documents that contain immoral, gambling, humiliation, extortion or threatening content. In addition, the Amendment has reduced the criminal sanctions imposed for several EIT violations, including those documents containing insult, defamation, threats of violence or frightening information.
