Client Alert – The EIT Law Guidelines Pocket Book

The Ministry of Communications and Informatics (MOCI) recently issued a pocket book on the Implementation Guidelines of Certain Articles in the Law on Electronic Information and Transactions (Pocket Book). The Pocket Book seeks to clarify the application of certain articles in Law No. 11 of 2008 as amended by Law No. 19 of 2016 on Electronic Information and Transactions (EIT Law), which in practice have been interpreted and applied broadly. These articles are sometimes colloquially referred to as “catch-all” or “rubber” articles because they can be “stretched” to encompass any action.

The articles that the Pocket Book seeks to clarify are Articles 27, 28, 29, and 36 of the EIT Law, which concern prohibited acts under the EIT Law. According to the Prosecutor’s Office, among the prohibited acts stipulated in the EIT Law, Article 27 (3) on defamation is one of the most frequently used articles. In 2020 alone, defamation accounts for more than 35% out of approximately 4000 cybercrimes handled by the Cyber Crime Directorate of the National Police. Our discussion in this article will be limited to clarifications the Pocket Book makes with respect to defamation under the EIT Law.

Please see here for the complete newsletter: Client Alert – The EIT Law Guidelines Pocket Book

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