ASEAN Regional Coalition to #StopDigitalDictatorship
What is MR5 and its amendment
MR10 ?
This ministerial regulation signed in 2020
and amended in 2021, raises significant
concerns as it grants government authorities
excessively broad powers to regulate online
content, access user data, and penalise noncompliant companies.
their platforms are free from “prohibited
content”, implying a requirement for active
content monitoring. Failure to comply may
result in the blocking of the entire platform,
raising issues of prepublication censorship.
will
sanction
MR5 and Its Amendment MR10 on Freedom
of Expression in Indonesia: Unravelling
the Controversial Regulatory Web Since
2020.
On November 16, 2020, the Ministry of Communication
Companies are mandated to “ensure” that
KOMINFO
Silencing Cyberspace: The Chilling
Impact of MR5 and its amendment
MR10 on Freedom of Expression in
Indonesia
non-registrants
by blocking their services. Private ESOs
choosing to register must provide information
granting access to their “system” and data,
essential for effective “monitoring and law
enforcement”. Any disobedience, such as a
failure to provide ‘direct access’ to systems
(Article 7 (c)), can lead to various penalties,
and Information Technology (KOMINFO) issued
Regulation Number 5 of 2020 on Private Electronic
System Operators (ESOs) (hereinafter MR5). Further,
in May 2021, it was amended with its Ministerial
Regulation Number 10 of 2021 (MR10) to include
over-the-top (OTT) services, such as messaging
apps and voice over IP (VoIP) services.40
This instrument grants authorities unfettered powers
to regulate online content and force social media
platforms, apps and other service providers to
register with KOMINFO through a designated portal
and provide access to any stored user data on their
systems. Failure to comply with this requirement
would lead to blocking of the entire platform.41
including warnings, temporary blocking, full
Companies must “ensure” that their platform does
blocking, and, ultimately, the revocation of
not contain or facilitate the distribution of “prohibited
registration.39
content,” which implies that they have an obligation
to monitor content.42 Failure to comply with this
requirement would lead to blocking of the entire
platform.43 This new regulation will affect national
and regional digital services and platforms, as well
as multinational companies like Google, Facebook,
Twitter, and TikTok.
This regulation is one of the most controversial
regulations passed by President Widodo’s
administration; aside from condemnations by local
and international human rights groups, a petition
circulating online since early 2022 that calls for
its repeal has been signed by no less than 11,000
netizens.45
82
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia