Fake News and Hate Speech on social media: How Does a State take care in its response?

Abstract

Spreading fake news and hate speech in Indonesia is a criminal act. The spread of fake news is accompanied by utterances of hatred towards someone and tends to have an impact on defamation. The purpose of this research is to find out and analyze (1) current regulations for dealing with fake news and hate speech on social media in Indonesia; (2) comparison of arrangements for dealing with fake news and hate speech between Indonesia and Singapore; (3) arrangements for dealing with fake news and hate speech on social media in Indonesia in the future. This research is normative legal research with statutory approaches, conceptual approaches and comparative approaches. The data analysis technique used is juridical analysis, namely analysis based on theories, concepts and laws and regulations. The results of the study show (1) current arrangements for dealing with fake news and hate speech on social media in Indonesia are regulated in Article 28 paragraph (1) and paragraph (2) and Article 45A paragraph (1) of the ITE Law jo. Amended ITE Law; (2) a comparison of the regulation on dealing with fake news and hate speech between Indonesia and Singapore shows that the regulation on spreading fake news and hate speech as a criminal act in Singapore is more specific than the regulation in Indonesia; and (3) Arrangements for dealing with fake news and hate speech on social media in Indonesia in the future by revising the ITE Law in conjunction with the Amended ITE Law (second revision) so that multiple interpretations no longer occur. Revision of the ITE Law in conjunction with the ITE Law Future changes in the formulation that can reach crimes, especially crimes related to fake news and hate speech, need to include a settlement with restorative justice.