Constitutional Court's Decision Defines Broadcasting In The Digital Age

In a recent case, the Constitutional Court took a stand and rejected a judicial review petition filed by several TV giants that internet-based broadcasting (also known as over-the-top ("OTT") broadcasting) should fall within the scope of the Broadcasting Law (Law No. 32 of 2002). The Court's rejection means that the government may enact a new regulation specifically to regulate OTT broadcasting.

The petition was filed by the first private free-to-air network in Indonesia, PT Rajawali Citra Televisi Indonesia (RCTI), and its affiliate, PT Visi Citra Mitra Mulia (iNews TV) and they argued that the definition of "broadcasting" under the Broadcasting Law should be interpreted to include internet-based broadcasting by OTT platforms and service providers. Their argument is based on a circular letter issued by the Minister of Communication and Informatics in 2016, which obliged OTT content and service providers to comply with the law in the broadcasting sector. The