Impact of Criminal Code’s Articles 263 & 264: A Critical Look at Press Freedom and Human Rights

  Abstract

The public, human rights advocates, and media practitioners have engaged
in significant debate regarding Articles 263 and 264 of the new Criminal
Code (KUHP). These articles establish laws that criminalize spreading
false news that could cause social unrest. The punishments for spreading
such information vary depending on the severity and intention behind its
dissemination. Articles 263(1) and (2) differentiate between intentionally
spreading false information that the perpetrator knows is untrue and
spreading information that is reasonably believed to be false. The punishment
for this offense can be imprisonment for up to six years or a maximum
fine of category V. Article 264 specifically addresses the act of spreading
false information that the perpetrator knows is untrue. Meanwhile, Article
264 specifically addresses the act of spreading ambiguous, exaggerated,
or incomplete news. Those found guilty can face a maximum penalty of
two years in prison or a category III fine. This study utilizes normative
legal methodologies, which include statutory, conceptual, comparative,
and futuristic approaches. The research design is characterized by both
descriptive and prescriptive elements. Content analysis was conducted
to evaluate the collected data. The study’s findings illustrate that the
primary objective of Articles 263 and 264 of the new Criminal Code is to
maintain public order and deter riots that may arise as a consequence of the
dissemination of incorrect information. Nevertheless, these provisions have
been criticized for their potential to be used as a means to suppress press
freedom and limit public expression, both of which are fundamental aspects
of democracy and the protection of human rights. Concerns have been
raised about the potential impact of the implementation of these articles on
the protection of press freedom as guaranteed by the Press Law.