The Broadcasting Law Controversy, a Threat to Social Media Content Creators?

Heaptalk Team, economy . 26 Jul 2020
The Broadcasting Law Controversy, a Threat to Social Media Content Creators? - Business Profesional Portal, Jakarta – If you are a social media enthusiast on you may be worried about this. The reason, there is a new broadcasting regulation that may limit your broadcasting activities like making online streaming. Even Netflix will also have limitations for delivering movies in Indonesia if they don’t have broadcasting rights.

Two entities that are responsible for this situation were RCTI and iNews TV. They are currently conducting a judicial review of the Broadcasting Law to the constitutional court. It first registered on 22nd June 2020. The focus point is the internet-based broadcasting regulation in Article 1, paragraph 2 of Law Number 32 of the Year 2002 on Broadcasting. The article considers the lack of permanent legal certainty addressed to the social media platforms to deliver live video content service.

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The first issue initiated

The issue comes from the initiatives of two incumbent RCTI and iNews TV.  They requested that broadcast services using the internet need to regulate in this article. Until now, there has been no decision from the Constitutional Court regarding the judicial review. However, according to the Ministry of Communication and Informatics, if the government granted the test material proposed by RCTI and iNews TV, in the future, then the live broadcast activities using social media platforms will be prohibited.

Of course, this limitation has a critical impact on users who have reached more than 200 million users. Because this activity has become a common thing in the internet age as it is today. One middle way to take is to draft a new law regulating live broadcast services on the internet.

“Currently, it is in the assessment process, where the definition of broadcasting expansion will classify on what social media activities will be limited,” said Director General of Post and Information Administration (PPI) of the Ministry of Communication and Information, Ahmad M. Ramli in the trial at the Constitutional Court, Wednesday  (27/8/2020).

The broadcasting activities will include the content producing on many social media platforms if we refer to it. It may include Instagram TV, Instagram live, Facebook live, YouTube live, and TikTok. It may also reach the distribution of other audio-visual content on social media platforms to become licensed broadcasting institutions.

This means we have to close them down if they don’t apply for a permit,” said Ramli.

Causing contra opinion

Meanwhile, according to the applicant, this article is the reference point to cause a different treatment between conventional broadcasting operators. For example, those who use radio frequencies and broadcasting operators using the internet, such as Youtube and Netflix. According to Article 1, point 2 of the Broadcasting Law, it only regulates old plater broadcasters rather than regulate new entrants broadcasters.

For example, to carry out broadcasting activities, the applicant must first set up Indonesia’s legality until obtaining a broadcast license. Meanwhile, broadcast operators using the internet do not need to meet these requirements.

It is crucial for the creative industry.  Because this is the most effective medium for spreading information, including marketing products or campaigns, to enrich the audience. When compared to doing a commercial TV placement, social media advertising services (ads) are much cheaper and targeted, while it results in higher conversion.

But if this request is granted, it will have an impact on creative industry players where they must be registered first to become legal and have a broadcasting license, to then be able to produce live content through social media platforms.