ELSAM criticized the Ministerial Regulation Draft (RPM) on the Internet Application and /Or Content Service Provider

ELSAM, Jakarta –Ministry of Communication and Informatics (Kominfo) planned to enact the Ministerial Regulation Draft on the Internet Application and /Or Content Service Provider, as known as OTT (Over The Top) service. It responded to the chaos in the void of law on application service business which currently emerges, particularly after the appearing polemic between conventional (offline) business and one utilizing internet service (online).

As seen from the digital economy technology discourse, the over-the-top (OTT) service is as known as all services utilizing the internet network in using their application and/or service. Meanwhile, the products of OTT service utilize the internet access from the telecommunication operator, in which this kind of service replaces the function of similar service available traditionally or offline. Such kind spans from the movie or video streaming service such as Netflix, Hulu, Amazon TV, and other TV networks (which replaced the function of cable TV service); mail message and video call services such as Gmail, YahooMail, Skype, WhatsApp, SnapChat, Line (which replaced the function of text message and analogue telephone); social media such as Twitter, Facebook; search engine service such as Google, Bing, Yahoo; website to share videos or music such as Youtube, Vimeo, SoundCloud, Smule, to the internet based application, starting from the travel application, delivery service, online news, education and entertainment.

Unfortunately, in response to the above massive development of information and communication technology, the policy makers, instead, are always left behind in providing the flexible law and policy instruments which can be a reference in the technology usage. On the other hand, the technology needs comprehensive regulation to prevent the malfunction and maintain the efficiency and interoperability. Moreover, the regulation is important to set up the principles of human rights which can facilitate the protection of users’ rights, and formulate the responsibility of its stakeholders. Such situation also occurs in Indonesia in which the policy makers were one step behind in preparing the policy instruments to guide the technology usage.

OTT did not only change the landscape of digital economy related to the ecosystem of telecommunication networks between the OTT service and telecommunication operator- most particular, the decreasing number of offline service users- but also changed the way people interact with each other which was mostly related to the enjoyment of human rights at the new public space called internet (online). The digital contour assuming the easiness, acceleration, and in many ways offered the cheapness in globally distributing the information has created a connection among the increase in the economic development of information, communication and technology in order to guarantee the protection of human rights in the digital world. For instance, the infrastructure of internet network which enables OTT to operate – being argued as furnished by physical dimension of digital technology world- has significant influences in accelerating the needs of those enjoying internet, especially in accessing the information distributed in online world. On the other side, the telecommunication operator is the party to be account for the accessibility of the networks so that such relation will create a mutual digital ecosystem (OTT-operator-user).

In response to Kominfo plan to establish an OTT service regulatory framework, ELSAM noted that there are several problems, especially related to the scope of OTT service, in context of digitalization of users’ activities in online world. In addition, there are few matters related to the relation between the OTT service and telecommunication operator, the establishment of BUT (permanent entity) for foreign OTT, location of data center and Indonesian protocol name of OTT service, and the obligation of service provider related to filtering and communication interception. [ ]

Please download the input and response of ELSAM to the Draft of Ministerial Regulation on Internet Application and /Or Content Service Provider  here.