Draft Bill on Broadcasting
The House of Representatives is currently deliberating the Draft Bill on Broadcasting, which will repeal and replace the now obsolete Law No. 32 of 2002 on Broadcasting if it is ultimately passed. The Draft Bill is basically aiming to improve the quality of the broadcasting sector across Indonesia and with goal in mind sets out a comprehensive and updated framework which addresses broadcasting matters by revising the various provisions which are outlined under the current Broadcasting Law. The Draft Bill also addresses a number of new matters, such as the use of the internet in the provision of broadcasting services, special broadcasting institutions and the digitalization of broadcasting services.
Provisions on the Organization of Internet-Telephony Services Simplified
The simplification of the various provisions which relate to the organization of internet-telephony services have now been realized by the Ministry of Communication and Informatics through the issuance of Regulation No. 8 of 2017. Generally speaking, the new regulation seeks to codify all of the relevant provisions relating to said services which were initially regulated under Ministry of Transportation Decree No. KM 23 of 2002, as well as the amendments that were made under Ministry of Transportation Decree No. KM 31 of 2004 and Ministry of Communication and Informatics Regulation No. 7/P/M.KOMINFO/5/2005.
PNBP Tariffs for Indonesian Domain-Name Management Rights
The Indonesian Domain Name Registry is required to pay contributions from the revenues that it generates for the provision of domain-name registration services. With this requirement in mind, the Ministry of Communication and Informatics has just issued Regulation No. 10 of 2017, which sets out a number of new provisions relating to this obligation, including the mechanism for the calculation and collection of such contributions, as well as verification and examination procedures relating to paid contributions, and administrative sanctions for non-compliance with the various obligations contained within the regulation.
New Regulation on the Organization of Internet-Protocol Television Services
In a bid to simplify provisions relating to internet-protocol television services, the Ministry of Communication and Informatics has issued Regulation No. 6 of 2017 on the Organization of Internet-Protocol Television Services. This new regulation repeals and replaces Ministerial Regulation No. 11/PER/M.KOMINFO/07/2010, which addressed the same matters, as well as its amendment, Ministerial Regulation No. 15 of 2014. The new regulation comprises of a total of 36 articles, which encompass provisions relating to the scope of internet-protocol television (IPTV) services, IPTV service providers, networks and device systems, service areas and quality, content, and procedures and requirements for the securing of approval for the organization of IPTV services.
Provisions for Operating Content-Provider Services via Mobile Networks Simplified
In a bid to support the realization of a more effective and efficient economy and an improved investment sector within Indonesia, the Ministry of Communication and Informatics has issued Regulation No. 9 of 2017, which simplifies provisions relating to the operation of content-provider services via mobile networks. Such services were previously regulated under Ministerial Regulation No. 21 of 2013 and its amendments. Comprising of 43 Articles, the new regulation covers a broad spectrum and encompasses types of operators, scope of contents, mechanisms for the provision of contents, as well as requirements and procedures for the securing of the required licenses.
New Regulation on Contributions Made by Companies Operating Universal Postal Services
Postal-service management companies are required to pay contributions when providing any universal postal-services. With this in mind, the Ministry of Communication and Informatics has now issued Regulation No. 4 of 2017, which sets out a number of further provisions relating to the mechanism which is to be used when calculating and collecting such contributions. The new regulation also addresses the verification and examination of paid contributions, as well as the various companies responsible for such payments. In addition, the regulation also sets out sanctions for non-compliance with the various provisions contained therein.
E-Commerce Undertaken Through User-Generated Content Platforms Regulated
The endless rise of commercial activities involving user-generated-content platforms has spurred the Ministry of Communication and Informatics to issue Circular Letter No. 5 of 2016 on the Limitations and Responsibilities of Platform Providers and Merchants Who Engage in Electronic Commerce While Utilizing User-Generated-Content Platforms. This circular basically outlines the various types of products which are prohibited from being traded through user-generated-content (UGC) platforms, along with the various obligations and responsibilities of UGC platform providers and the merchants who trade through such platforms.
New Licensing Requirements and Procedures for Broadcasting Activities
In a bid to simplify the requirements and procedures for the licensing of broadcasting activities, the Ministry of Communication and Informatics has issued Regulation No. 18 of 2016 on Licensing Requirements and Procedures for the Organization of Broadcasting. Unifying provisions originally set out in other ministerial regulations which addressed similar areas, this new regulation addresses various matters which will be of relevance to both the public and private broadcasting institutions, including types of broadcasting organizers and the required licenses, as well as various requirements and procedures for the securing and extending of such licenses.
Personal-Data Protection under the ITE Framework
The Ministry of Communication and Informatics has finally issued Regulation No. 20 of 2016 on Personal-Data Protection Within Electronic Systems in order to set out implementing provisions on the protection of personal data. This new regulation covers a broad range of provisions relating to the management and protection of personal data, including management and protection measures, the rights and obligations of data owners, users and organizers, as well as dispute-settlement procedures.
House Passes Bill on the Amendment to the ITE Law
The House finally passed the Bill on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions on 27 October 2016. In essence, the Bill adjusts the various provisions which are set out in the ITE Law to various Constitutional Court Decisions, specifically investigation procedures and sanctions relating to criminal acts, as described under the ITE Law, as well as legal recourse for violations of privacy.