Senin, November 11, 2024

Introducing SAMAN: New Content Moderation Compliance System for the Imposition of Fines for User Generated Content Violations

On March 2024, the Minister of Communication and Informatics (“Minister”) introduced a new set of implementing guidelines for non-tax state revenue (Penerimaan Negara Bukan Pajak – “PNBP”) deriving from the imposition of administrative fines for violations of the mandatory requirement for private electronic system organizers (Penyelenggara Sistem Elektronik – “PSE”) that organize User Generated Content (“UGC”) to perform access terminations (“Implementing Guidelines”) through the issuance of Decree No. 172 of 2024 (“Decree 172/2024”). It should be noted that various provisions outlined under Decree 172/2024 were previously summarized in the following edition of Daily Updates: “Implementing Guidelines Issued for PNBP Fines Due to Failure of Certain Types of Private PSE to Perform Access Terminations”.
However, in an effort to improve overall levels of governance in terms of the imposition of administrative fines upon violating PSE-UGC, the Minister has now decided to issue Decree No. 522 of 2024 on the Amendment to Decree 172/2024 (“Amendment”), which has been in force since 28 October 2024. While retaining the various major aspects that previously featured under Decree 172/2024 (e.g. formula for the calculation of administrative fines, scheme and simulation for the imposition of administrative fines and so forth), the Amendment now states that administrative fines will be gradually imposed upon violating PSE-UGC via the Content Moderation Compliance System (Sistem Kepatuhan Moderasi Konten – “SAMAN”).
In terms of the gradual application of the SAMAN system, the Amendment outlines two general phases, which break down as follows: 1) Piloting phase: to be implemented for up to one year after the enforcement of the Amendment (i.e. until 28 October 2025) in line with certain categories of prohibited electronic information and/or documents (e.g. pornography, gambling, terrorism and so forth); and 2) Full application: upon the completion of the piloting phase outlined in point (1) above there will be a full implementation across all categories of prohibited electronic information and/or documents. Details of the various procedures for the utilization of the SAMAN system in relation to the imposition of administrative sanctions in response to PSE-UGC violations are outlined comprehensively under Appendix III to the Amendment.

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On March 2024, the Minister of Communication and Informatics (“Minister”) introduced a new set of implementing guidelines for non-tax state revenue (Penerimaan Negara Bukan Pajak – “PNBP”) deriving from the imposition of administrative fines for violations of the mandatory requirement for private electronic system organizers (Penyelenggara Sistem Elektronik – “PSE”) that organize User Generated Content (“UGC”) to perform access terminations (“Implementing Guidelines”) through the issuance of Decree No. 172 of 2024 (“Decree 172/2024”). It should be noted that various provisions outlined under Decree 172/2024 were previously summarized in the following edition of Daily Updates: “Implementing Guidelines Issued for PNBP Fines Due to Failure of Certain Types of Private PSE to Perform Access Terminations”.
However, in an effort to improve overall levels of governance in terms of the imposition of administrative fines upon violating PSE-UGC, the Minister has now decided to issue Decree No. 522 of 2024 on the Amendment to Decree 172/2024 (“Amendment”), which has been in force since 28 October 2024. While retaining the various major aspects that previously featured under Decree 172/2024 (e.g. formula for the calculation of administrative fines, scheme and simulation for the imposition of administrative fines and so forth), the Amendment now states that administrative fines will be gradually imposed upon violating PSE-UGC via the Content Moderation Compliance System (Sistem Kepatuhan Moderasi Konten – “SAMAN”).
In terms of the gradual application of the SAMAN system, the Amendment outlines two general phases, which break down as follows: 1) Piloting phase: to be implemented for up to one year after the enforcement of the Amendment (i.e. until 28 October 2025) in line with certain categories of prohibited electronic information and/or documents (e.g. pornography, gambling, terrorism and so forth); and 2) Full application: upon the completion of the piloting phase outlined in point (1) above there will be a full implementation across all categories of prohibited electronic information and/or documents. Details of the various procedures for the utilization of the SAMAN system in relation to the imposition of administrative sanctions in response to PSE-UGC violations are outlined comprehensively under Appendix III to the Amendment.

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