Analysis of Regulations Related to Non-Consensual Deepfake in Indonesia

Review of the relevant legal framework to address the misuse of deepfake technology

Law 27/2022 on Personal Data Protection (PDP Law)

Articles 4, 13, 18, 20, 65

Main Provisions
  • Face & voice as biometric data
  • Right to deletion & restriction of processing
  • Prohibition of processing without legal basis
Relevance to Deepfake
Deepfake creation processes biometric data without consent, violating privacy rights.
Status & Challenges
Not Yet Effective No Supervisory Body

Implementing regulations not yet issued. Supervisory authority not established.

Law 12/2022 on Sexual Violence Crimes (TPKS Law)

Articles 14–17, 27, 29

Main Provisions
  • Criminalizes Electronic-Based Sexual Violence (EBSV)
  • Victim's rights: recovery, assistance, takedown
Relevance to Deepfake
Sexual deepfake as a punishable EBSV. Takedown right to limit spread.
Status & Challenges
Weak Implementation Slow Process

Takedown process is difficult and slow. Confusion about procedure requiring police report first.

Law 11/2008 jo. Law 19/2016 on Electronic Information and Transactions (ITE Law)

Articles 27(1), 27(3), 28(1)

Main Provisions
  • Prohibition of content violating decency
  • Prohibition of defamation
  • Prohibition of false news causing public unrest
Relevance to Deepfake
Deepfake falls under indecency, defamation, or disinformation categories.
Status & Challenges
Selective Use No Prevention

Misused to silence critics, not to protect deepfake victims.

Platform Regulations (Internal Policies)

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Main Provisions
  • Content moderation based on guidelines
  • Specific policies on non-consensual intimate content
  • Reporting and removal mechanisms
Relevance to Deepfake
First line of defense to remove deepfake content from social media.
Status & Challenges
Slow Response Conflict of Interest

Slow and inconsistent response. Business model prioritizes engagement.