DO CONSUMERS HAVE THE RIGHT TO REVIEW THE PRODUCT ONLINE?

In connection with Law No. 11 of 2008 concerning Electronic Information and Transactions, as amended by Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions (“ITE Law”), acts of defamation or insulting a good name through electronic media or social media is specifically regulated in Article 27 paragraph (3) of the ITE Law jo. Article 45 paragraph (3). The ITE Law states that every person who deliberately and without the right to distribute and/or transmit and/or make accessible Electronic Information and/or Electronic Documents that have a content of insult and/or defamation shall be sentenced to imprisonment of a maximum of 4 (four) years and/or a maximum fine of IDR 750,000,000.00 (seven hundred and fifty million Rupiah).

Meanwhile, insult and/or defamation in the ITE Law refer to Article 310 of the Criminal Code and Article 311 of the Criminal Code. The two articles provide a basis of understanding or essence regarding insult or defamation, namely the act of attacking the honor or good name of another with the intention of being known by the public. Attacking either honor or good name is sufficient reason to accuse someone of insulting someone.

In fact, making reviews or comments on service products online is not an act that is legally prohibited. Providing services on a product can also be useful for business actors to improve the quality of their products. If someone reviews the weaknesses of a product that consumers experience themselves, it does not mean that the person has defamed or insulted. Therefore, it would be better if the consumer also give an honest review as it is. If the consumer's review is in accordance with the facts and supported by evidences such as photos, testimonies, including personal experience, the comments or reviews given cannot be said to have defamed or insulted the product. Furthermore, the consumers’s right to have an opinion on a product in particular has been granted by the Law through Article 4 letter (d) of Law No. 8 of 1999 concerning Consumer Protection, which stipulates that consumers have the right to have their opinions and complaints on the goods and/or services they used to be heard.

Suria Nataadmadja & Associates Law Firm

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