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.

Keywords

• article 263 of the criminal code
• article 264 of the criminal code
• democracy
• freedom of expression
• human rights