TIME.CO, Jakarta – Attorney and founder of Dalimunthe & Tampubolon Lawyers (DNT Attorneys), Boris Tampubolon mentioned that someone who documents movies or will take shots without having authorization is not always punished by the Info and Electronic Transactions Act or UU ITE. For the reason that every little thing have to be seen from the articles and the objective (mens rea) for what.
Boris unveiled this in response to the viral incident of an Alfamart worker who went viral by recording anyone suspected of thieving chocolate from Alfamart. A Twitter tweet from the @ Mei2Namaku account on Sunday 14 August 2022 reloaded the incident of a mom having 3 sweets at Alfamart without having paying.
“If the content conforms to truth, then it can not be imputed to the ITE Regulation, or if the purpose is in the public interest or self-protection, then it simply cannot be issue to the ITE Law. Article 27 paragraph 3 of the ITE Legislation prohibits individuals to file movies or take photos and distribute them with no good authorization. Its written content is offensive or defamatory, “Boris mentioned in a push release on Monday, August 15, 2022.
Boris, who is also a lawyer and lawful practitioner, exposed that to turn out to be an ITE law, there ought to be a pollution demand or insult. The make any difference of defamation or insult in the ITE Legislation still refers to the provisions of Post 310 of the Felony Code. “You can not be accused of the ITE law if the content material is a fact or really took place centered on the decree of the Minister of Communications and Information and facts Engineering, the Legal professional Normal and the Chief of National Law enforcement in 2021,” mentioned Boris.
This was communicated by Boris referring to the Tips for the implementation of some articles of the law n. 11 of 2008 on Digital Facts and Transactions as amended by Law no. 19 of 2016 made up of Amendments to Legislation no. 11 of 2008 on Electronic Info and Operations, no. 3 letter C.
Movie creators simply cannot be punished
The guidelines state that: “It does not constitute a criminal offense linked to the material of insults and / or defamation referred to in Post 27 paragraph 3 of the UUITE, if the content material or content material that is transmitted, distributed and / or manufactured obtainable is variety of judgments, viewpoints, evaluations of results or actuality “.
“So, as very long as it is correct that the human being generating the movie is accurate when he was thieving chocolate or at that time getting chocolate with out paying out, which suggests that it is a truth, then the human being who manufactured the movie can not be considered defamatory. let on your own punished less than the ITE law, ”said Boris.
Boris reported the perpetrator can’t be punished if finished in the general public curiosity or in self-protection. On the basis of the felony code, in individual posting 310, paragraph 3, it is also underlined that, «It does not represent defamation or prepared defamation, if the reality is manifestly fully commited in the community desire or mainly because it is pressured to defend alone. “
“So as very long as online video recording with no authorization is in the general public interest so that the general public or law enforcement is aware that there has been an act of theft, or is carried out to protect by themselves in this context as evidence for the functions. Alfamart not to believe that if an merchandise is shed by means of the fault or carelessness of the staff, it are not able to be punished with
UU ITE, “he stated.
Read also: Hotman Paris provides free legal assistance to Alfamart personnel threatened by consumers
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