Thursday, August 20, 2015

Implementing regulation for online Takedown and Website Blocking in Indonesia

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A new Joint Regulation on the Implementation of Content and/or User Access Blocking of Content that Infringes Copyright and/or Related Rights on Electronic Systems has been passed by the Ministry of Law and Human Rights and the Ministry of Communication and Informatics. The Joint Regulation was signed and took force on 2 July 2015. It implements sections of the Copyright Law No 28 of 2014 - the provisions which make online content that infringes copyright and/or related rights illegal. It is a Joint Regulation because while the Minister of Law and Human Rights' Directorate General of IP (DGIP) has overall responsibility for copyright, the blocking of online access is possible technically only by the Ministry of Communication and Informatics.

The Joint Regulation covers complaints about online copyright and/or related rights infringements reported to the Ministry of Communication and Informatics. Any copyright holder including related entities like the author, licensee or Collective Management Agencies can submitted complaints. They are to be done the DGIP directly or through an electronic system (E-complaints can be submitted via the DGIP website).

A verification team at the Ministry of Communication and Informatics go through reports and provide recommendations to the Directorate General of Informatics. Decisions can be made to partly or entirely block access to infringing content. Blocking may be content or user access blocking. There are a series of time limits and a public database of blocked sites/users.
Although this system operated under the 2008 Electronic Transactions Law and its regulations, and has been widely used against pornography, it is now specifically targeting copyright infringements. It wasn't clear how IP violations which were referred to in the 2008 Electronic Transactions Law regime were supposed to be treated.

This week the Ministry of Communication and Informatics announced that it had shut down 22 websites containing illegal films based on complaints from the Film Producers Association of Indonesia (APROFI) using the new system. The IP Office anounced the takedowns in a press conference and the Copyright Office ran a seminar with the EU to share information about online enforcement.

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