INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Mahiswara Timur, Nina Cornelia Santoso and Natasya Nurul Amalia, ABNR Counsellors at Law
requirement to obtain an ESO registration certifi - cate as well as an e-commerce business licence. Takedown Requests One of the most substantial issues related to video-sharing platforms concerns content com - pliance. According to MR 5, GR 71 and the EIT Law, plat - form operators must ensure that their platforms do not contain or facilitate the distribution of prohibited content and comply with takedown requests (TDRs) issued by the MOCD. The MOCD tries to establish strict compliance by platform operators through establishing a mechanism that allows the MOCD to impose a monetary fine for non-compliance with TDRs, which is calculated based on a certain formula and variables including the business scale, type of content, severity of the violation, compliance level, etc. Telecommunications is a highly regulated indus - try in Indonesia and is under strict supervision by the MOCD. The Indonesian government differen - tiates between (i) telecommunications networks and (ii) telecommunications services. Further, as a response to the emergence of alternatives to telecommunications services, the MOCD has been increasing their focus on regulating OTT service providers. The government has also recognised several new technologies including the 5G network, which promises faster and more reliable internet connectivity, and Starlink. 6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements
The telecommunications industry is governed under the following regulations: • Law No 36 of 1999 on Telecommunications as amended by Law No 6 of 2023 on Job Creation (the “Telco Law”); • Government Regulation No 52 of 2000 on the Operation of Telecommunications, partially revoked by Government Regulation No 46 of 2021 on Posts, Telecommunications and Broadcasting; • MCIT Regulation No 01/PER/M.KOMIN - FO/01/2010 on the Operation of Telecommu - nications Networks, amended several times, most recently by MCIT Regulation No 5 of 2021 on the Operation of Telecommunica - tions; • MCIT Regulation No 12 of 2018 on Provision of Special Telecommunications for the Needs of Government Agencies or Legal Entities; • MCIT Regulation No 13 of 2019 on the Operation of Telecommunications Services, amended several times, last by MCIT Regula - tion No 14 of 2021; • MCIT Regulation No 5 of 2021 on the Opera - tion of Telecommunications (MR 5/2021); and • Government Regulation No 46 of 2021 on Posts, Telecommunications and Broadcasting (GR 46/2021). Pursuant to the Telco Law, telecommunication is defined as “the transmission, delivery, and/ or receipt of information in the form of signs, signals, text, images, sounds, or noises through wire, optical, radio, or other electromagnetic systems”. Although the telecommunication industry is sub - ject to stringent regulations, the existing legisla - tion does not lay out specific security require - ments.
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