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

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