Indonesia: Implemented Kominfo Regulation No. 5 of 2020 on Private Electronic System Operators including content moderation regulation (Regulation 5/2020)

On 24 November 2020, Kominfo Regulation No. 5 of 2020 on Private Electronic System Operators (ESOs), which includes content moderation regulation, was implemented. Regulation 5/2020 is an implementing regulation of Regulation 71/2019. Regulation 5/2020 requires Private ESOs providing user-generated content to implement content management and complaint mechanisms. Such ESOs are relieved of liability for enabling access to prohibited content if they perform preventive actions and provide the prescribed mechanisms, cooperate with supervisory and enforcement authorities by providing information on users uploading prohibited content, and take down the prohibited content in question. Cloud computing providers must also enact governance measures and cooperate with authorities. Private ESOs are also required to respond to takedown requests over prohibited content submitted by the public and the government, with particular urgency in relation to content on terrorism, child pornography, and creating public unrest and disturbing public order. On receipt of an order, content must be removed within 24 hours, or within 4 hours in urgent cases. Failure to comply can result in service access restrictions, as well as administrative fines for each cumulative time period - 24 hours in standard cases and 4 hours in urgent cases - during which the ESO failed to act, up to a maximum of 3 times.