Indonesia's Ministry of Communications sued after blocking 8 digital platforms

Indonesia's Ministry of Communications sued to the Jakarta State Administrative Court (PTUN) on Wednesday, 30 November 2022 by two individuals and two non-governmental organisations, the Alliance of Independent Journalists (AJI) Indonesia and the Media and Creative Industries Workers Union for Democracy (SINDIKASI). The lawsuit came after the Ministry of Communications blocked eight platforms on 30 July 2022 that violated the economic rights of workers, journalists and restricted the public's right to information.

The digital platforms that were blocked, namely PayPal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin (EA). The platform was blocked because it had not registered in accordance with the Minister of Communication Regulation 5 of 2020 (MR5), which was amended in 2021.

The Jakarta Legal Aid (LBH Jakarta) has received 213 complaints from workers who were affected during the blockade, and 47 of them suffered losses of Rp 1.5 billion because they could not access Paypal's financial applications.

The SINDIKASI complaint post noted that 44 of its members, digital workers and freelance journalists were directly affected by the 30 July 2022 blockade with a loss of around Rp 136 million. Meanwhile, complaints received by AJI Indonesia and LBH Pers included 8 journalists who were affected with a loss of Rp 36 million.

Chairperson of SINDIKASI, Nur Aini said the impact caused by MR5 did not end with the opening of the site blocking because the threat to press freedom and uncertainty about data security and employment for media workers, also creative industries continues to exist as long as the regulation is not revoked. Moreover, there is no government responsibility for the impact of blocking that has been carried out, even though workers' losses are clear from material and immaterial such as not being able to access income, losing wages, and losing clients or jobs.

"Therefore, SINDIKASI joins to hold the government responsible. We invite the public support to revocation of MR5 because the threat is real".

Ika Ningtyas, Secretary-General of AJI Indonesia, said that the regulation has violated economic rights, hamper the work of journalists, and inhibit the public from getting information. These impacts occur because the regulation has been made without involving meaningful public participation. The Ministry should learn and improve internet policy, after the State Administrative Court (PTUN) declared that the internet shutdown in Papua in 2019 violated of freedom of expression, freedom of the press and the public's right to information.

"Instead of improving internet governance, the Ministry of Communication and Information issued MR5 that clearly not to protect, but to inhibit the most fundamental human rights," said Ika Ningtyas.

The plaintiffs' lawyer, Charlie Albajili from LBH Jakarta, said Ministry of Communication's actions were contrary to Law No. 19/2016 on Electronic Information and Transactions. Referring to Article 40 paragraphs 2 (a) and 2 (b) of the EIT Law, access termination is actually limited to "Electronic Information and/or Electronic Documents that have prohibited content".

"So there should be no termination of access to sites and applications just because the eight platforms have not registered."

In addition, Mulya Sarmono from Press Aid Law (LBH Pers) added that Ministry’s action are contrary to the general principles of good governance, allegedly violating the principle of accuracy, the principle of legal certainty, the principle of expediency, and contrary to the mechanism of limiting human rights.


Problematic of Ministrial Regulation 5

Many protests against this policy have been addressed to the Minister of Communication and Information, Johny G Plate, a year ago, since it was issued in 2020, yet to no avail. In May 2021, an international coalition of 25 civil institutions also filed an open letter condemning the regulation and urging the government to cancel it.

MR5 governs the functioning of private digital platforms in Indonesia—which include social media platforms, search engines, communications services and media websites. The regulation grants the government overbroad authority to regulate platform activity, access user data, and issue onerous notice and takedown orders. It also introduces excessive penalties for non-compliance.

AJI has identified at least three crucial articles of MR5 which threaten press freedom:

First, Article 9 (points 3 and 4) firmly forbids private digital platforms to publish content containing prohibited information, including those violating the laws, causing public unrest, and disturbing public order.

The terms “causing public unrest” and “disturbing public order” are ‘rubber’ articles. It can be interpreted to target criticisms against authorities, state bodies, and law enforcers. The regulation also doesn't mention the mechanism of public complaints and the independent parties which are authorized to check the contents.

The ‘rubber’ article may target critical news content. For example, investigative media coverage of crimes or content about human rights violations in Papua. In other words, it can be a tool for the authorities to abuse their power.

Second. Article 14 allows a citizen, civil society group, state and governmental bodies, or law enforcers to request blocking access of information which, according to them, causes public unrest and disturbs public order.

This article risks unilateral blocking by anyone or any institution, especially those who have power or a political agenda.

Third. Articles 21 and 36 require digital platforms to provide access for ministries, state bodies, and law enforcers to be able to enter their electronic data and systems for reasons of supervision or assisting law enforcement.

AJI warns that this access can be misused by the government to internally control the media. Granting access to personal data is strongly violating the privacy rights of the public, including journalists.

Contact
AJI Indonesia hotline: 08111137820