Regulation is coming: Journalists and Fact-checkers should anticipate the rise of digital authoritarianism

The task of journalists and fact checkers in responding to disinformation becomes more difficult when regulations, instead of making their work easier, become obstacles to the flow of information that is free and clean from disinformation. It’s time for journalists and fact checkers to collaborate to anticipate digital repression!

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In an age where information flows ceaselessly through digital channels, the specter of digital authoritarianism looms ever larger. It is still fresh in my memory how the closure of internet access in the provinces of Papua and West Papua in 2019 demonstrated the power that the government has in the digital world, allowing more than 2.9 million Internet users to be directly affected by the internet shutdown.

Instead of the Indonesian government’s decision to cut off internet access in West Papua in 2019 to stop the spread of disinformation and quell violence, it had a significant negative impact on the economy, business sector, journalism, fact-checking efforts, and important public services such as public health services. During Internet blackouts, the important work of fact-checkers and journalists is hampered, leaving the public vulnerable to disinformation and information manipulation.

While the initial justifications for such regulations may seem reasonable, the broader implications are cause for concern. Existing legislation, such as Article 40 of the Electronic Information and Transactions Law (EIT Law/UU ITE), grants the government sweeping powers to terminate access to electronic information deemed illegal. Similarly, Article 9 of Ministerial of Communication and Informatics Regulation 5/2020 empowers authorities to censor information deemed to disrupt public order, with digital platforms compelled to comply.

Now, with the introduction of new legislation like Section A.263 of the Indonesian Criminal Code and Article 28 point 3 of the Electronic Information and Transactions Law (EIT Law/UU ITE), the control of Internet tightens further. These laws criminalize the dissemination of information perceived as false, with severe penalties imposed on offenders. Such measures not only stifle free expression but also instill a climate of fear and self-censorship.

In the face of increasing digital authoritarianism, proactive steps are essential. The journalist community and fact-checking activists need to take a number of measurable actions as follows:

• Collaborating with the press and media is very important, to provide an umbrella of protection under the Press Law,
• Fostering solidarity to confront online censorship,
• Engaging in policy advocacy work is also important, by establishing regulations that balance security concerns with basic rights to freedom of expression and access to information,
• Taking part in pushing for the formation of the Social Media Council is a promising step in safeguarding digital freedom. By encouraging transparency, accountability, and user empowerment, these initiatives offer a counterbalance to the abuses of authoritarian control,
• Supporting coalition efforts aimed at repealing or changing repressive laws is also critical to countering the tide of digital authoritarianism.

However, navigating this complex landscape requires vigilance and concerted action. While the need to combat disinformation and maintain social order is undeniable, the methods employed must not sacrifice essential liberties on the altar of security. Balancing these competing interests demands nuanced regulation, informed by principles of transparency, accountability, and respect for human rights.

Ultimately, the battle against digital authoritarianism is a collective endeavor, requiring the concerted efforts of governments, civil society, tech companies, and citizens alike. By raising awareness, advocating for responsible regulation, and defending digital freedoms, we can stem the tide of repression and safeguard the open exchange of ideas in the digital age. The stakes are high, but the imperative is clear: in the face of encroaching authoritarianism, we must stand firm in defense of our digital liberties.

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Note: This material was presented in the session “Regulation is Coming: How should the community respond” at the Trusted Media Summit 2023 in Singapore on 3 December 2023.

Also published in https://www.kabarindonesia.id/news/opini-tugas-jurnalis-merespon-otoritarianisme-digital