Research Article
Comparative Law of Defamation Law Through social media In New York Based on The New York Consolidated Laws and In Indonesia
@INPROCEEDINGS{10.4108/eai.14-4-2021.2312839, author={Freddy Lotasi and Kartina Pakpahan and Elvira Fitriyani Pakpahan and Tommy Leonard and Sonya Airini Batubara}, title={Comparative Law of Defamation Law Through social media In New York Based on The New York Consolidated Laws and In Indonesia}, proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLHR}, year={2021}, month={10}, keywords={defamation social media libel slander bill of rights}, doi={10.4108/eai.14-4-2021.2312839} }- Freddy Lotasi
Kartina Pakpahan
Elvira Fitriyani Pakpahan
Tommy Leonard
Sonya Airini Batubara
Year: 2021
Comparative Law of Defamation Law Through social media In New York Based on The New York Consolidated Laws and In Indonesia
ICLHR
EAI
DOI: 10.4108/eai.14-4-2021.2312839
Abstract
One of the cases that occurs very often in social media is the case of humiliation or defamation through the social media and Indonesia is one of them. But what about the United States, especially the state of New York, they highly uphold the Freedom of Opinion and Religion as regulated in the first amendments the Bill of Rights (declaration of rights). Which is in New York City, defamation is considered contrary to the First Amandement in the constitution, then in America there is only accountability for compensation. while in Indonesia, defamation gets criminal sanctions and fines in the form of imprisonment and compensation are the main sanctions in cases of defamation in Indonesia, in terms of legal application, the threat of imprisonment is regulated in Article 45 paragraph (3) of Law No. 11 of 2008 concerning Information and Electronic Transactions and the Criminal Code from articles 310 to 321.