In Indonesia, the legal provisions regarding product reviews on social media have not been specifically regulated, but this right is actually explicitly accommodated in Law No. 8 of 1999 concerning Consumer Protection (UU PK).
It is stated in Article 4 letter d of the PK Law. that one of the rights of consumers is the right to have their opinions and complaints heard on the goods and/or services used. Conducting a review or providing a review of a product or service is part of the right to have opinions and complaints heard on the goods and/or services used. By law, actually, the actions of consumers who review a product are certainly allowed and do not violate the regulations, considering that the person concerned is the consumer who buys the product and then gives a review of the product purchased. Even though they have the right to provide a review of a product, consumers need to remember that reviews carried out especially on social media must be submitted honestly and honestly. This is intended so that the review can be accounted for and does not cause slander or misguidance in the community.
This point needs to be considered because of the provisions in Article 45 paragraph 3 of Law no. 19 of 2016 concerning Information and Electronic Transactions which states that: “Anyone who knowingly and without rights distributes and/or transmits and/or makes accessible electronic information and/or electronic documents containing insults and/or defamation can be punished with imprisonment for a maximum of 4 years and/or a fine Rp. 750 million”.
The existence of provisions in the ITE Law certainly opens up opportunities for business actors to sue consumers for defamation, so consumers must provide reviews or comments on the products they buy in accordance with the facts. However, it should be remembered that in making reviews or comments on service products online, of course, it cannot necessarily be said to defame. Giving an assessment of a product is a natural thing and it is also useful for business actors to improve the quality of their products. It should be noted that to be said to be defamatory (slander) when accusing something that is not true.
In order to avoid conflict, the person conducting the review must use reasonable language and provide an honest review as it is. As long as the review is in accordance with the facts, it cannot be said to have tarnished the good name of the product. In addition, if you have evidence such as photos or other evidence such as testimonials, including personal experience using the product, of course, it will greatly underlie the comments or reviews given. It will be very helpful if in the future your review is held accountable by others, especially by law enforcement officers.
