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Indonesia’s internet law on trial after Surabaya woman’s Instagram post sparks criminal defamation battle

  • Stella Monica Hendrawan, 26, has spent two years trying to clear her name after she was charged with defamation under Indonesia’s ITE law
  • Critics say the 2008 law is flawed and open to misuse as a way to silence criticism and stifle free speech – even President Joko Widodo wants it revised

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Stella Monica Hendrawan, left, with Anindya Shabrina Joediono, secretary of the Association for Victims of the ITE Law (PAKU ITE). Photo: Handout
Johannes Nugrohoin Surabaya
Stella Monica Hendrawan thought nothing of it when she took to Instagram to complain about a bad experience she’d had at a beauty clinic in Indonesia two years ago.

In her post, the 26-year-old Chinese-Indonesian claimed the acne treatment she received for six months in 2019 at a skin care clinic in the second-largest city of Surabaya actually made her condition worse – prompting her to later consult a dermatologist who put her on a different course of treatment.

“I merely talked about my experience as a customer with my friends,” she told This Week In Asia. “Little did I know that the clinic would accuse me of smearing its reputation.”

Stella Monica Hendrawan was charged with criminal defamation for a negative review of a beauty clinic she shared on Instagram. Photo: Shutterstock
Stella Monica Hendrawan was charged with criminal defamation for a negative review of a beauty clinic she shared on Instagram. Photo: Shutterstock

Hendrawan said the clinic was not satisfied with the formal letter of apology she sent, or the video apology she posted to her Instagram account – insisting instead that the fresh university graduate apologise by taking out full-page adverts in major regional and national newspapers at a cost of around 800 million rupiah (US$55,900).

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Unable to meet these demands, Hendrawan found herself reported to the police under a controversial 2008 internet law that regulates online activity in Indonesia. The electronic information and transactions (ITE) law has long drawn criticism for its broad interpretations of defamation and hate speech, which rights groups say can be used to silence critics and stifle freedom of speech.

“I was declared a suspect in October 2020. A team of police officers visited me at home, confiscated my mobile phone and assumed control of my Instagram account,” she said.

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