It Is Too Unreasonable If Kominfo Thinks Tara Basro's Photo Violates The ITE Law

JAKARTA - Not a few netizens have criticized the steps of the Ministry of Communication and Information (Kominfo) in commenting on the uploaded photo of actress Tara Basro on social media. Moreover, the Ministry of Communication and Information said that the actress who played in the Land of Hell had violated Article 27 paragraph (1) of the ITE Law regarding pornographic content.

Kominfo assesses Tara's upload contains pornographic elements, even though the beautiful actress who played in the film Gundala has covered her breasts and genitals. As a result, the photo upload campaigning for 'Try to believe in yourself' has been deleted.

"I say that it fulfills the category of immoral violations. Violating the ITE Law paragraph 1," said the Acting Head of Public Relations of the Ministry of Communication and Information, Ferdinandus Setu while commenting on Tara Basro's photo.

In fact, through uploading this photo, Tara wants to campaign for Body Positive, where she invites the public to appreciate all forms and appearance of women's bodies outside the myth of beauty that is being glorified today. For her, the proportional body and the people's scorn about one's body are considered very toxic, especially for women.

Seeing this, the organization advocating for freedom of expression (SAFEnet) views that the labeling of pornography in Tara's uploads is an act of ignorance and context blindness, for the expression meant by Tara. SAFEnet assessed Tara's post in order to voice body positivity or more accepting physical conditions.

"This is very dangerous. Later, when a woman sees her body not in accordance with the standards of beauty in society, she will be more insecure, or get bullied. Continued with sensitive statements like that, coming from state institutions as well, in addition to blocking women's voices, it actually perpetuates the idea that The female body is an object only, "said Ellen Kusuma, Head of SAFEnet's DARK (Digital At-Risks) Sub Division in an official statement received by VOI, Thursday, March 5.

He continued, Ellen also said that it could also have an impact that women are merely sexual objects, and are considered pornographic objects. The Communication and Information Technology should have first looked at the context of the photos posted by Tara Basro, not only seen from the pictures without knowing the intent and purpose behind them.

Ellen also revealed that the incorrect and misleading labeling of Tara Basro's upload actually invited netizens to find out which photo was meant. On the other hand, Ellen also criticized that Article 27 Paragraph 1 of the ITE Law has gender bias.

"Previously, the rubber article 27 Paragraph 1 of the ITE Law was also used to pressure Youtuber Kimi Hime because the content was considered vulgar, so Kimi Hime had to delete the content. "It is always women's bodies that are regulated or women who are more negatively affected when it comes to issues of decency or pornography," he added.

SAFEnet Criticizes @kemkominfo for Labeling Pornography on Posts of Body Positivity @TaraBasroLagi, and again. Rubber article 27 Paragraph 1 of the ITE Law this time appears to block women's freedom of expression. Read more at https://t.co/LPft6StfgD pic.twitter.com/1bpBaakC3d

- SAFEnet (@safenetvoice) March 5, 2020

For information, Article 27 paragraph (1) of the ITE Law reads, Everyone knowingly and without right distributes and / or transmits and / or makes electronic information and / or electronic documents accessible that have content that violates decency.

On the other hand, the Institue for Criminal Justice Reform (ICJR) revealed that Tara Basro's photo posting was not an act of corruption or violation of decency, but a legitimate expression of a woman and supported a positive view of the diversity of a person, including women who should be supported.

Kominfo's statement, which was not preceded by in-depth study, actually presented a climate of fear in opinion and expression on social and real media. Kominfo should have known this limitation first before labeling something.