This research aims to observe the legality of determination of the fake news or hoax spreading suspect as seen from Law no 11 of 2008 on Electronic information and transaction law. The employed method is normative legal research by examining applied legal rules in Indonesia. The results show that the determination of a suspect in a fake news or hoax case is based on Article 28 paragraph (1) of Electronic information and transaction law (UU ITE). However, the use of the article is unfitting because the existence of a clause "which causes consumer losses in Electronic Transactions". The term is used in trading activities through electronic systems (electronic commerce) in the national and international trades. Besides, the element of consumer loss must be fulfilled. Consequently, a special article in Electronic information and transaction law related to hoax spreading should be composed.