Legislative Body Proposes Digital Services Act to Prevent Over-Regulation of the Broadcasting Draft Bill

The Special Committee of Legislative Body (“Baleg”) of the House of Representatives (DPR RI) is preparing to bring the Draft Bill on Broadcasting (“Broadcasting Draft Bill”) to a plenary session of DPR RI. This legislation introduces a number of new regulations regarding the supervision of conventional broadcasting, including the use of artificial intelligence (“AI”) in audio/visual content, as well as live broadcasting activities on social media and digital platforms. 

“Actors in the digital space are mostly individuals or content creators, not legal entities like conventional broadcasting institutions. This aspect of legal liability certainly requires entirely different criteria and enforcement mechanisms,” stated Bane Raja Manalu, a member of the Baleg of DPR RI, to Hukumonline.

Furthermore, regulations governing the digital ecosystem should not be forced into the framework of conventional broadcasting but rather formulated through a separate law specifically addressing the governance of digital platforms (the Digital Services Act - “DSA”) to ensure legal certainty, prevent over-regulation, and protect the business climate in Indonesia.

“We are still coordinating with Ministry of Communication and Digital Affairs (Komdigi) and the Indonesian Broadcasting Commission (KPI),” he added.