By: Advocate RIKHARDSU IKUN, S.H., M.H., C.MSP., C.NSP., C.LFS., C.CPr.

Director, LAW FIRM JAMES RICHARD AND PARTNERS


I. Legal Issue

Can a person who makes an accusation or statement that attacks another person’s honor or reputation face legal consequences?

II. Legal Analysis

In principle, defamation is an act that attacks a person’s honor or reputation by alleging something with the intention that the allegation become known to others.

As of January 2, 2026, the criminal provisions of Law No. 1 of 2023 on the Criminal Code have come into force and replaced the provisions of the former Criminal Code. Accordingly, the applicable article must be determined with due regard to when the act occurred.

In practice, not every statement considered offensive or harmful to someone automatically constitutes the criminal offense of defamation. Relevant factors include the content of the statement, the speaker’s intent, the manner in which it was communicated, its intended audience, and whether it alleges a specific act that attacks the person’s honor or reputation.

Where a statement is disseminated through electronic media—such as WhatsApp, Facebook, Instagram, TikTok, or other electronic media—Article 27A of Law No. 1 of 2024, the second amendment to the ITE Law, may also be relevant. The Constitutional Court has interpreted several elements of Article 27A, including that its subject matter concerns acts that degrade a person’s honor or reputation.

III. Legal Consequences

Defamation may give rise to:

  1. Criminal consequences, if all elements of the offense are proven.
  2. Legal proceedings, from the filing of a report or complaint and the preliminary inquiry and investigation stages through prosecution and trial, in accordance with applicable procedural law.
  3. Civil consequences, if the act causes demonstrable loss, including the possibility of claiming damages under the provisions governing unlawful acts.
  4. Where the act is committed through electronic media, the person may also be subject to the specific provisions of the ITE Law, taking into account the applicable statutory wording and court decisions.

IV. Conclusion

Defamation is not determined solely by whether a person feels offended. It must be assessed based on the elements of the offense, the nature of the accusation or statement, the intent behind its communication, the context, and the means or medium used.

Accordingly, before filing a legal report, it is advisable to preserve evidence such as recordings, screenshots, links, WhatsApp messages, witness information, and a chronology of events. The appropriate legal provisions can then be determined based on the specific facts and the date on which the act occurred.