Indonesian Gov't: Google, Facebook, Twitter Have Two More Days to Register Under New Licensing Rules

JAKARTADAILY.ID – The Indonesian government through the Ministry of Communication and Information threatened to block Electronic System Operators or PSE if they fail, – or refuse – to register under new licensing rules by Wednesday, July 20, 2022.

Among the PSEs that have not registered are Google, WhatsApp, Instagram, Facebook, and Twitter. 

The Director General of Informatics Applications at the Kominfo Semuel Abrijani Pangerapan said that PSE registration is a mandate of laws and regulations, namely Article 6 of Government Regulation Number 71 of 2019 concerning the implementation of Electronic Systems and Transactions, Article 47 of Regulation of the Minister of Kominfo Number 5 of 2020 concerning the Implementation of Electronic Systems Scope Private, and its amendments set the end of the mandatory private scope registration deadline on 20 July 2022.

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"If the PSE does not register by the deadline on July 20, 2022, the unregistered PSE is an illegal PSE in the jurisdiction of Indonesia. And if it is categorized as illegal, it can be blocked," Semuel said in a press statement on Monday, June 27, 2022.

What the Ministry of Communications did not mention, however, is that registering as a PSE would mean that these big companies, Google, Facebook, and Twitter, are going against their own privacy policies. 

Furthermore, this would jeopardize user data, as the government would then be allowed to request data, to which the companies would have to comply. 

In addition, a number of problematic articles were also found in the Minister of Communication and Informatics Regulation Number 10 of 2021 concerning Amendments to the Minister of Communication and Information Technology Number 5 of 2020 concerning Private Scope PSE. There are at least 3 problematic articles that make foreign-made applications reluctant to register with Kominfo.

Starting from Article 9 paragraphs (3) and (4) are considered too dangerous because they contain "rubber" rules.

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"Private Scope PSEs are obligated to ensure: their Electronic Systems do not contain prohibited Electronic Information and/or Electronic Documents, and their Electronic Systems do not facilitate the dissemination of prohibited Electronic Information and or Electronic Documents," said paragraph (3) of Article 9, quoted by pikiran-rakyat.com on Monday, July 18, 2022.

"Prohibited Electronic Information and/or Electronic Documents as referred to in paragraph (3) with the following classifications: violating the provisions of laws and regulations; disturbing the public and disturbing public order, and informing the way or providing access to prohibited Electronic Information and or Electronic Documents," said paragraph (4) Article 9.

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The sections 'disturbing the public' and 'disturbing public order' are considered "rubber" because they can be used to silence criticism even if delivered peacefully.