The UN Special Rapporteur on Free Expression has already reminded States that they “must not require or otherwise pressure the private sector to take steps that unnecessarily or disproportionately interfere with freedom of expression, whether through laws, policies, or extralegal means.” The Special Rapporteur also pointed out that any measures to remove online content must be based on validly enacted law, subject to external and independent oversight, and demonstrate a necessary and proportionate means of achieving one or more aims under Article 19 (3) of the ICCPR. Regional and global solidarity is needed to reject it.īusiness enterprises have a responsibility to respect human rights law. MR5 can be followed by other countries, especially in Southeast Asia. Independent branches of government have been excluded, making it unlikely that this regulation will include transparent and fair mechanisms. We're very concerned that MR5 will be misused to silence groups criticizing the government. The Ministry's authority, in this case, Kominfo, is increasing capacity so it can judge and decide whether the content is appropriate or not. MR5 further exacerbates the challenging situation of freedom of expression in Indonesia this year and in the future, according to Ika Ningtyas, Head of the Freedom of Expression Division at the Southeast Asia Freedom of Expression Network (SAFEnet). These provisions are not only a serious threat to Indonesians’ free expression rights, they are also a major compliance challenge for Private ESOs The MR5 regulation also comes at a time of increased conflict, violence, and human rights abuses in Indonesia: at the end of 2020, the UN High Commissioner for Human Rights raised concern about the escalating violence in Papua and West Papua and shed light on reports about “intimidation, harassment, surveillance, and criminalization of human rights defenders for the exercise of their fundamental freedoms.” According to APC, the Indonesian government has used hate speech laws, envisioned to protect minority and vulnerable groups, to silence dissent and people critical of the government. MR5 Comes Amid Difficult Times In Indonesia
The MR5 regulation, issued by the Indonesian Ministry of Communication and Information Technology ( Kominfo), seeks to tighten the government’s gr ip over digital content and users’ data. In fact, the Indonesian government is exploring new lows in harsh, intrusive, and non-transparent Internet regulation.
It entered into force in November 2020, and, like some others, goes significantly further than its German inspiration. Indonesia’s NetzDG variant- dubbed MR5 -is the latest example. This creates a chilling effect on free expression: platforms will naturally choose to err on the side of removing gray area content rather than risk the punishment. Failure to comply with these demands subjects companies to draconian fines (and even raises the specter of blocking of their services). NetzDG also requires platforms to remove or disable content that appears to be “manifestly illegal” within 24 hours of notice that the content exists on their platform. NetzDG, and several of its copycats, require social media platforms with more than two million users to appoint a local representative to receive content takedown requests from public authorities and government access to data requests. Since NetzDG entered into force, Venezuela, Australia, Russia, India, Kenya, the Philippines, and Malaysia have followed with their own laws or been discussing laws similar to the German example. This rush of national regulations started with Germany’s 2017 “NetzDG” law, which compels internet platforms to remove or block content without a court order and imposes draconian fines on companies that don’t proactively submit to the country's own content-removal rules. And in many ways, its proposal is the most invasive of human rights. Indonesia is the latest government to propose a legal framework to coerce social media platforms, apps, and other online service providers to accept local jurisdiction over their content and users’ data policies and practices.