Today (20 July) is the deadline for the registration of Private Electronic System Operators (PSE) with the data network of the Ministry of Communication and Informatics (ICT Ministry). 

Several foreign PSEs whose services are part of our daily lives but were at risk of being blocked, have registered. Among them are Meta Group (WhatsApp, Instagram, Facebook), TikTok and Netflix. 

However, some Indonesians voiced their opposition against the PSE policy.

A letter of protest initiated by the Southeast Asia Freedom of Expression Network (SAFEnet), an advocacy organisation for digital rights, has been signed by more than 4,000 people after it was launched on Sunday (17 July). What makes them wary of the policy?

Why haven't some PSEs registered? Also, how can the policy affect us who mostly use social media and other digital services for networking?

SAFEnet on 24 June published a press statement titled "Stop PSE Registration in Private Scope and Revoke Communication and Informatics Ministerial Regulation that Threatens Freedom of Expression and User Privacy Rights". In the statement, SAFEnet explained a series of concerns about ICT Ministerial Regulation Number 10 of 2021 regarding changes to ICT Ministerial Regulation Number 5 of 2020 regarding Private Scope PSE.

SAFEnet highlighted three points in the regulation that could lead to breach of human rights. First, the implementation of governance and moderation of information and/or electronic documents. Second, request for termination of access. Third, requests for access to data, information and/or private conversations. 

Director General of Informatics Application Semuel Abrijani Pangerapan commented on the public complaint, saying, "It's okay, it’s democracy. The policy took a long process. It is under the ITE Law, we did not deviate from that."

SAFEnet Head of Freedom of Expression Division Nenden Sekar Arum shared her concern to TFR. She said it is feared that the policy will restrict the space for expression and user privacy rights. 

"At the press conference, they said that it will be the digital platforms’ loss because they will lose market share in Indonesia. In fact, it will be the users’ loss," Nenden said Tuesday (19 July).

In addition, several foreign PSEs, such as Instagram, Facebook and WhatsApp, are supporting people’s work and even businesses. Therefore, cutting their access will affect personal and, even broader, national economy will be affected.

Moreover, terminating access to platforms that are used as a forum for public aspirations and conversations regarding significant issues is a form of information restriction. 

An example of this is the access termination of Reddit. The platform is where daily and significant issues are raised, and it is a place for discussion. The ban on Reddit in Indonesia means closing the possibility of information and knowledge enrichment among the public from sources outside the media. 

This is because PSEs, which are part of the daily lives of most digital people today, do not only affect the ability to build networks on a personal scale. These digital spaces are also a place for people to uphold and maintain their democratic rights.

"This policy can affect our democracy. Under the regulation, they will be blocked, and content will be taken down, although many people voice their aspirations, expressions and voices through various digital platforms," Nenden explained.

SAFEnet also highlighted Article 36 of the ICT ministerial regulation, which gives officials the authority to enforce the law on content of communications and personal data. 

Nenden explained that personal data include two types of data, namely personal data and specific personal data. The regulation allows personal data, such as general information about an individual, to be requested by the PSE without a court order. Specific personal data, which includes sensitive issues such as an individual’s sexual orientation that should be protected by digital platforms, can also be requested by the authorities using a court order.

The ministry said that the policy exists to uphold justice, to support case investigations. However, Nenden said the article did not explain how the government will guarantee the security and protection of users' personal data. It is feared that access to personal data will lead to discrimination against minority groups. 

The ministerial regulation is a derivative regulation of the ITE Law. Nenden also expressed her disapproval of the point about content moderation, which could result in the removal and deletion of content containing people's expressions and aspirations towards the government. One example was when the issue of the Wadas unrest some time ago suddenly disappeared from conversations on social media. 

"We may return to a time where media was restricted. It is very possible that we will get there," Nenden added. She also introduced a term that is often used by SAFEnet, namely digital authoritarian, which we may encounter one day. 

Commenting on some PSEs that haven’t registered, SAFEnet said it is likely because there are articles that can violate the user privacy security and protection policy on their respective platforms. Several PSEs also mentioned that the registration process was quite difficult to access.

Previously, Semuel explained that after 20 July, domestic and foreign PSEs that have not registered will be given a warning letter. Access termination will only be carried out after a discussion between the ministry and the PSE.