Cyber Bullying, Hate Speech, and Defamation in Cyberspace

Abstract

The rapid development of information and communication technology has transformed cyberspace into a limitless medium of social interaction. Normatively (das sollen), digital space should function as a platform for freedom of expression while still respecting human dignity, reputation, and individual rights. However, in reality (das sein), cyberspace is frequently exploited for cyber bullying, hate speech, and online defamation, resulting in psychological harm, social conflict, and human rights violations. This study examines the legal boundaries between legitimate criticism and defamation, as well as the distinction between expressions of dislike and hate speech capable of inciting hostility and violence in digital spaces.

This research employs a normative legal research method using statutory, conceptual, and case approaches. Data were obtained through library research involving legislation, legal documents, academic journals, and relevant scholarly literature, which were analyzed descriptively and qualitatively.

The findings demonstrate that Indonesian legal regulations concerning defamation and hate speech in cyberspace have evolved significantly through amendments to the Electronic Information and Transactions Law, particularly Law Number 1 of 2024. The reformulation of these legal provisions seeks to clarify the boundary between freedom of expression and acts that attack personal honor or incite hatred based on ethnicity, religion, race, and intergroup relations (SARA). This study concludes that law enforcement against content-related cybercrimes must be carried out proportionally and cautiously while maintaining the protection of freedom of expression and the right to human dignity and reputation.