The "Viralization" of Criminal Conducts on Social Media: Between Defamation and Public Interest

Gita Putri Amalia, Devita Kartika Putri, S.H., LL.M.

2023 | Skripsi | ILMU HUKUM

This thesis explores the intersection of criminal conduct on social media, specifically focusing on defamation and its connection to public interest. The primary objectives are to examine how viral content can amount to defamation under Article 27 of the Electronic Information and Transaction Law and to analyze the relevance of "public interest" in defamation cases. 

This thesis used a normative research methodology that focused on the case study in Indonesia. The normative research methodology employed in this thesis involves a comprehensive examination of existing legal principles, statutes, and regulations pertinent to the issues of criminal conduct on social media, defamation, and the role of public interest. This approach relies on extensive library research, internet-based exploration, scrutiny of academic journals, and the analysis of local news reports. The utilization of normative research allows for a theoretical understanding of the legal framework surrounding the research questions. By drawing on established legal principles and precedents, this methodology aims to provide a solid foundation for the subsequent analysis of the research questions. 

The study found that sharing viral content on social media, covered by Article 27 of the ITE Law, can lead to criminal charges, especially when it involves intentionally harming someone's reputation. The protection of a person's good name and reputation is highlighted, with specific criteria, including intent and actions that attack honor, as outlined in Article 310 of the Criminal Code. The research also established a strong link between public interest and defamation, suggesting that sharing information on social media could be seen as a way to protect oneself or act in the public interest. However, this is only acceptable if the information is true and genuinely aims to safeguard public interest, rather than spreading false information with bad intentions. In summary, this thesis contributes insights into the criminalization of viral content on social media, particularly in the context of defamation and its nuanced relationship with public interest.

This thesis explores the intersection of criminal conduct on social media, specifically focusing on defamation and its connection to public interest. The primary objectives are to examine how viral content can amount to defamation under Article 27 of the Electronic Information and Transaction Law and to analyze the relevance of "public interest" in defamation cases. 

This thesis used a normative research methodology that focused on the case study in Indonesia. The normative research methodology employed in this thesis involves a comprehensive examination of existing legal principles, statutes, and regulations pertinent to the issues of criminal conduct on social media, defamation, and the role of public interest. This approach relies on extensive library research, internet-based exploration, scrutiny of academic journals, and the analysis of local news reports. The utilization of normative research allows for a theoretical understanding of the legal framework surrounding the research questions. By drawing on established legal principles and precedents, this methodology aims to provide a solid foundation for the subsequent analysis of the research questions. 

The study found that sharing viral content on social media, covered by Article 27 of the ITE Law, can lead to criminal charges, especially when it involves intentionally harming someone's reputation. The protection of a person's good name and reputation is highlighted, with specific criteria, including intent and actions that attack honor, as outlined in Article 310 of the Criminal Code. The research also established a strong link between public interest and defamation, suggesting that sharing information on social media could be seen as a way to protect oneself or act in the public interest. However, this is only acceptable if the information is true and genuinely aims to safeguard public interest, rather than spreading false information with bad intentions. In summary, this thesis contributes insights into the criminalization of viral content on social media, particularly in the context of defamation and its nuanced relationship with public interest.

Kata Kunci : Defamation, Public Interest, Viralization