Content and Account Blocking of Palestince Updates by Instagram in Indonesia: Limitation or Violation Human Rights? An Intersection Between Human Rights Law And Cyber Law

Abstract

Recently, Instagram has taken decisive action by blocking contents and accounts of users who disseminate information about the Palestine issue, significantly impacting users in Indonesia. This study aims to establish whether Instagram’s actions can be classified as human rights violations under international and national human rights legal frameworks. Additionally, it examines the role of the state in ensuring accountability in this matter. Utilizing a robust normative juridical methodology, this research draws on an extensive array of sources, including official documents, scholarly articles, journals, mass media, and field research conducted through in-depth interviews. Our research found that the limitations imposed by Instagram do not constitute a violation of human rights in terms of freedom of expression and opinion, as these limitations are based on human rights limitation laws within Indonesia's digital space. Article 40 paragraphs (2b) to (2d) of the ITE Law No. 1/ 2024, Article 98 paragraph (1) of Government Regulation No. 71/2019, and Article 13 paragraph (1) of Ministerial Regulation No. 5/2020 have granted Instagram the authority to impose human rights limitations on Indonesian users. In this regard, Instagram will block the content or user account, but users can still share information about the Palestine issue with other accounts or on other social media platforms as a form of expression and opinion. This shows that there is no violation of freedom of expression and opinion. However, in fact, Instagram only imposes limitations on its users who express support for Palestine. These limitations do not apply to users who express support for Israel by disparaging Palestine or spreading hatred. Such actions can be considered discriminatory, which constitutes a form of human rights violation. The discriminatory actions carried out by Instagram against its users who are Indonesian citizens should be held accountable by the state. The state’s responsibility can be enforced by referring to Article 8 of Ministerial Regulation No. 8/2020, which allows for administrative sanctions against Instagram in the form of terminating access to the platform’s electronic system.