An Indonesian TikTok influencer, Ratu Thalisa, has been sentenced to nearly three years in prison after making a controversial remark during a livestream that has sparked widespread debate about freedom of expression and religious tolerance in Indonesia.
Thalisa, a Muslim transgender woman with over 442,000 followers on TikTok, was found guilty of spreading hate speech and committing blasphemy after she made a comment in response to an online suggestion. While interacting with viewers on her livestream, a user commented that she should cut her hair to appear more masculine. In a playful response, Thalisa joked by “talking” to a picture of Jesus on her phone, telling him to “get a haircut.”
This comment led to a backlash from some Christian groups, who filed complaints against her for allegedly insulting Christianity. On Monday, a court in Medan, Sumatra, sentenced her to two years and 10 months in prison, citing violations under Indonesia’s controversial Electronic Information and Transactions (EIT) law. The court ruled that her statement could disrupt “public order” and “religious harmony,” leading to her conviction on charges of blasphemy.
The court’s decision to convict Thalisa has drawn significant attention, as it highlights the delicate balance between freedom of speech and the protection of religious sentiments in Indonesia. The case has stirred debates on how online comments, even in jest, are being scrutinized under Indonesia’s EIT Law, which was introduced in 2008 and amended in 2016 to address online defamation.
In this case, the court argued that Thalisa’s comments had the potential to disrupt societal harmony, particularly between religious groups. The ruling came after multiple Christian organizations filed complaints, leading to police investigations and ultimately the charges against Thalisa.
Thalisa’s supporters, however, believe the sentence is an overreaction and a violation of her rights to free expression. They argue that her comment was not intended to incite hatred or violence but was instead a lighthearted response to an online comment. Thalisa has been given seven days to appeal the verdict.
The conviction has drawn condemnation from several human rights organizations, including Amnesty International, which labeled the sentence as a “shocking attack” on Thalisa’s freedom of expression. According to Usman Hamid, the Executive Director of Amnesty International Indonesia, the comments made by Thalisa did not meet the threshold for hate speech that should warrant criminal charges.
Hamid further criticized the Indonesian government for using the EIT law to penalize people for online comments, stressing that the law was initially designed to protect individuals in online spaces, not to suppress freedom of expression. He called on Indonesian authorities to repeal or revise parts of the EIT law that criminalize “alleged immorality, defamation, and hate speech,” which many critics believe are too broad and open to misuse.
“The authorities should not use this law to punish people for harmless comments made on social media,” Hamid said, adding that the Indonesian government should release Thalisa immediately and overturn her conviction.
This case is part of a broader trend of increasing scrutiny of online speech in Indonesia. According to Amnesty International, at least 560 people were charged under the EIT Law between 2019 and 2024 for offenses related to defamation or hate speech. Among those charged were social media influencers and ordinary citizens, with many facing prison sentences for comments deemed offensive by authorities or religious groups.
The use of the EIT Law has raised concerns about freedom of speech in Indonesia, especially in the context of religious sensitivities. Indonesia is a predominantly Muslim country, but it also has significant religious minorities, including Christians, Hindus, and Buddhists. While the law was initially intended to protect people from online defamation, it has become a tool for policing religious discourse, particularly in cases involving minority groups.
Thalisa’s case, where a Muslim woman was convicted of blasphemy for making comments about Christianity, is relatively rare. Most of the cases brought under the EIT Law have typically involved Muslims being accused of insulting Islam. However, her conviction for supposedly insulting Christianity highlights the growing complexity of religious and cultural tensions in the country.
In recent years, there have been similar cases where individuals were charged with blasphemy or hate speech for comments made online. In one high-profile case in September 2023, a Muslim woman was sentenced to two years in prison for blaspheming Islam after posting a TikTok video where she made a controversial statement before eating pork. The case attracted significant attention, with many people criticizing the government for using the law to curtail free speech.
In another case in 2024, a TikTok user was detained after posting a quiz asking children about animals that could read the Quran, which authorities deemed offensive.
Social media platforms like TikTok have played an increasingly important role in shaping public discourse and providing people with a space to express themselves. However, this newfound freedom has also brought about new challenges in how governments regulate online speech and deal with the complexities of cultural and religious sensitivities.
Ratu Thalisa’s case raises important questions about the limits of free expression in Indonesia, especially in the context of a diverse society with many religious communities. While the government must protect religious harmony, critics argue that excessive legal action against individuals who make offhand comments or jokes can stifle free speech and creativity, particularly in the online space.
For many Indonesians, Thalisa’s conviction serves as a reminder of the ongoing tension between freedom of expression and the need to maintain social order. It also highlights the challenges facing the Indonesian government as it navigates the complexities of balancing religious sensitivities with the rights of individuals to express themselves in a digital age.
