Legal Protection for Freedom of Expression on Social Media in the Digital Era

Abstract

The development of social media has transformed public communication patterns by providing a broad space for individuals to express opinions, obtain information, and participate in social and political discussions. However, this openness has also given rise to various problems, such as disinformation, hate speech, online harassment, privacy violations, and content moderation practices that have the potential to limit freedom of expression. This study aims to analyze the relationship between freedom of expression, protection of individual rights, self-regulation mechanisms, and social media regulation in addressing the development of the digital space. The study uses a literature review method by examining scientific articles, legal documents, and relevant academic sources obtained through Google Scholar and other academic databases, focusing on literature from the last five years. The legal analysis in this study refers to Article 28E paragraph (3), Article 28F, and Article 28J of the 1945 Constitution of the Republic of Indonesia, Law No. 39 of 1999 concerning Human Rights, Law No. 1 of 2024 concerning the Second Amendment to Law No. 11 of 2008 concerning Electronic Information and Transactions, Law No. 27 of 2022 concerning Personal Data Protection, and Government Regulation No. 71 of 2019 concerning the Implementation of Electronic Systems and Transactions. The study's findings indicate that protecting freedom of expression requires a balance between the individual's right to express opinions and the need to protect the public from harmful content. State regulation, platform moderation, algorithm transparency, complaint mechanisms, and civil society involvement play a crucial role in establishing digital governance. In conclusion, social media governance that is proportional, transparent, accountable, and based on human rights is needed.