by Setyawati Fitrianggraeni and Sri Purnama

The proliferation of user-generated content (UGC) across various platforms has revolutionized how information is created and shared. In Indonesia, the legal framework governing UGC is defined primarily by the Minister of Communications and Informatics (MCI) Regulation Number 5 of 2020 on Private Electronic System Organisers, as amended by MCI Regulation Number 10 of 2021 (MCI Regulation 10/2021).[1] This regulation has set the stage for addressing UGC’s myriad challenges and opportunities, balancing innovation with necessary oversight.

The Legal Status of UGC in Indonesia

MCI Regulation 5/2020 provides the cornerstone for the governance of platforms that facilitate UGC. According to Article 1(7) of the regulation, private Electronic System Organisers (Penyelenggara Sistem Elektronik or PSE UGC) that specifically manage UGC platforms are authorized to host, display, and exchange electronic information provided by their users.[2] Simultaneously, these platforms ensure that none of the hosted content violates the prohibition against disseminating prohibited electronic information and documents as outlined in Article 9(3) of MCI Regulation 5/2020.

The regulation imposes stringent governance requirements on PSE UGC. They must establish comprehensive systems to manage the electronic information they process, including clear guidelines on the rights and obligations of users and the platforms.[3] Additionally, robust reporting facilities must be accessible for the general public to submit complaints regarding prohibited content, as detailed in Article 10(3) of MCI Regulation 5/2020.[4]

Challenges in Content Moderation

Content moderation is a significant challenge under the current legal framework. The classification of prohibited content is broad, yet the regulation often lacks specific parameters, leading to potential ambiguities in enforcement. Prohibited content includes, but is not limited to, explicit material, gambling, and material that promotes hatred or violence against any group based on ethnicity, religion, race, or intergroup relations as further described under Government Regulation Number 71 of 2019 on the Organisation of Electronic Systems and Transactions.[5]

However, the prohibition reflects vagueness which mainly affects how platforms moderate content that could be interpreted as disturbing the public order or violating public morals, raising concerns about the suppression of free expression. The legal standards set out in these regulations thus require platforms to tread a fine line to avoid under and over-moderation.

Legal Liabilities and Copyright Infringements

Another pressing issue is the copyright infringement often associated with UGC. Under Indonesian law, notably Law Number 28 of 2014 on Copyrights, copyright holders are granted exclusive rights to authorize or prohibit the use of their creations.[6] However, the rise of UGC has complicated enforcement, as users can easily upload and share copyrighted material without proper authorization. Recent judicial interpretations, such as Decision No. 84/PUU-XXI/2023 by the Constitutional Court, have aimed to clarify the responsibilities of platform managers, extending the definition of ‘business premises’ to include digital platforms, thereby demanding stricter compliance and proactive measures from PSE UGC to curb copyright violations.[7]

Moving Forward

As UGC grows in scope and impact, the Indonesian regulatory framework must evolve to define better and address the complex issues associated with digital content. This involves refining the legal definitions and parameters for prohibited content and copyright enforcement and enhancing cooperation between government bodies and private sectors to ensure that regulations foster an environment that balances innovation with user safety and rights protection.

The ongoing development and refinement of UGC legislation in Indonesia are critical as it continues to set precedents that may influence broader regional and global standards in the digital content sphere.

Footnotes :

[1] Minister of Communications and Informatics Regulation Number 5 of 2020 on Private Electronic System Organisers (MCI 5/2020).

[2] MCI 5/2020, Art 1(7)

[3] MCI 5/2020, Art 10(2)

[4] MCI 5/2020, Art 10(3).

[5] Government Regulation Number 71 of 2019 on the Organisation of Electronic Systems and Transactions.

[6] Law Number 28 of 2014 on Copyrights, Art. 23(2); Art.24(2); Art.25(2).

[7] Decision of Indonesia Constitutional Court Number 84/PUU-XXI/2023, pg. 62.

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