Legal Protection of the Freedom to Preach in the Digital Era: An Islamic Communication and ITE Law Perspective

The advancement of information technology has significantly transformed the landscape of Islamic preaching (dakwah), shifting from conventional pulpit-based forums to digital platforms such as social media, YouTube, and podcasts. On one hand, this transformation offers vast opportunities for the rapid and global dissemination of Islamic values. On the other hand, digital preaching also faces serious challenges, particularly in terms of legal regulation and the risk of criminalization. This study aims to examine the legal protection of the freedom to preach in the digital era from the perspectives of Islamic communication and the Law on Electronic Information and Transactions (ITE Law). This research employs a qualitative method using a normative juridical and Islamic communication approach. Data were collected through a literature review of statutory regulations, legal documents, Islamic preaching literature, and cases involving digital preaching. The findings reveal that the freedom to preach is a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia. However, in practice, this freedom is vulnerable to restriction by certain articles of the ITE Law, particularly those with ambiguous interpretations. These provisions potentially criminalize preaching content deemed provocative or sensitive to issues of ethnicity, religion, race, and intergroup relations (SARA), even when delivered within a legitimate religious context. Therefore, balanced legal protection is urgently needed, involving both the revision of ambiguous provisions within the ITE Law and the development of digital preaching ethics grounded in Islamic communication principles: tabayyun (verification), hikmah (wisdom), and mau‘izhah hasanah (good counsel). This study recommends harmonizing the freedom of preaching with digital regulations to ensure a safe, just, and dignified preaching space in the era of technology.