Anti-Disinformation Regulation and Freedom of Expression in Digital Democracy

Abstract

The development of information technology has expanded the space for freedom of expression while simultaneously increasing the spread of hoaxes and disinformation that may affect the quality of democracy. This condition creates the need for legal regulation capable of balancing the protection of public interests with respect for human rights. This study aims to analyze the effectiveness of regulations in addressing hoaxes and disinformation and to examine the urgency of such regulations in maintaining the quality of digital democracy. The study employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of Law Number 39 of 1999 concerning Human Rights, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, and Law Number 1 of 2023 concerning the Criminal Code. The findings indicate that regulatory effectiveness is determined not only by the existence of legal norms but also by the implementation of legality, proportionality, and human rights principles. Furthermore, the regulation of hoaxes and disinformation is essential for preserving the quality of the public sphere, strengthening democratic resilience, and ensuring responsible freedom of expression in the digital era.