Social media live streaming not subject to Indonesian broadcast regulation: court

Instagram icon on a phone. Photo: Luke Van Zyl/unsplash
Instagram icon on a phone. Photo: Luke Van Zyl/unsplash

The Constitutional Court (MK) has rejected a controversial judicial review appealing that social media live streams be subject to Indonesian broadcast regulations.

In May 2020, TV networks RCTI and iNews, both of which are owned by the conglomerate MNC Group, filed a judicial review with MK demanding revisions to Law No. 32/2002 on Broadcast to make OTT media services like Netflix and YouTube be subject to the same regulations as traditional broadcast media.

The Information and Communications Ministry (Kominfo) then said one legal implication from the revision would be that all live streaming on any social media platform, including Facebook and Instagram, would require government permission or license.

In a hearing today, MK said content perpetuated via the internet will remain subject to the Information and Electronic Transactions Act (UU ITE).

“We reject the appeal in its entirety,” the court said during the hearing.

As things are with UU ITE, MK argued, online content can still fall under the scrutiny of Indonesian law, such as the prohibition of pornography, blasphemy, and/or defamatory content.

RCTI and iNews previously said they had a moral obligation to hold online content to the same standards as in broadcast regulations.

Related — Not Oke: Social media live streaming may be banned in Indonesia if court approves network’s broadcast judicial review

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