[Indonesia] AIC Submits Comments on ‘Petition for Judicial Review on Constitutional Court to expand the scope of Indonesia’s Broadcasting Law’ (Sept 2020)

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The Asia Internet Coalition (AIC) would like to take this opportunity to submit to the Ministry of Communications and Information Technology (“KOMINFO), this industry letter regarding the Petition for Judicial Review asking the Constitutional Court to expand the scope of Indonesia’s Broadcasting Law to encompass internet-based platform services. Granting the petition would likely make it impossible for many AIC members and several innovative internet companies to provide the services invaluable to Indonesians and the Indonesian economy. AIC members stand willing to work with the Ministry to ensure reasonable regulation that recognizes the global nature and tremendous contribution of Internet services, which are sometimes referred to as OTT services.

Extending traditional broadcast regulation to online video services would unnecessarily deny the Indonesian people access to new and innovative content, information and services, and would harm the country’s creative industry, as well as the economy as a whole. Broadcast regulations are inappropriate for online services. Best practice regimes for online video services recognize that they are fundamentally different from traditional licensed services, and therefore tailor their approach accordingly. For example, on online video service, the customer has greater choice and control over the content they choose to watch. Further, many online video services offer tools to parents (parental controls) that parents can use to set age ratings to protect their children from watching inappropriate content. In such an environment, where there is no linear feed of content which could surprise a viewer, there is less need and expectation by consumers of advanced protections, and thus less need for strict and overly broad regulation.

Broadcasting regulations were designed for traditional, linear services on which consumer choice in content is limited. For online video services, users are in control and can consume the content they want anytime, anywhere, and are able to set precise and appropriate protections themselves whenever needed. The ensuing consumer expectations and protections are thus vastly different compared to traditional broadcasting.