In an effort to give an explanation to the public and especially the Service Providers of Over the Top related to the regulation of the provision of application services and/or content via the Internet (Over the Top) which will be applied, the Minister of Communication and Information deems it necessary to issue a Circular Letter Number 3 of 2016 on the Provision of Application Services and/or Content Through Internet (Over The Top).The Provision of Applications and/or Content Services via the Internet (“Over the Top Services”) refers to the provision of: 1) telecommunications services (such as short messages, video calls, financial & commercial transactions, etc.); and 2) digital information (such as writings, sounds, pictures, videos, and/or combinations thereof, etc.) via the Internet.
A provider of Over the Top Services must be: 1) a natural person of Indonesian nationality; or 2) a legal entity/business entity incorporated in Indonesia. Non-Indonesian persons or business entities wishing to engage in the Over the Top Services business are required to have a Permanent Business Establishment in Indonesia.
Obligations of providers of Over the Top Services are as follows:
- to comply with the laws and regulations concerning business competition, trading, consumer protection, intellectual property rights, broadcasting, movies, advertising, pornography, anti-terrorism, taxation and other relevant regulations;
- to provide data protection;
- to apply content filtering;
- to comply with the applicable sensor mechanism;
- to use the national payment gateway by an Indonesian legal entity;
- to use Indonesian internet protocol numbers;
- to ensure access for lawful interception related to criminal proceedings; and
- to include information and/or instructions in Bahasa Indonesia.
Providers of Over the Top Services may not disseminate messages with the following content:
- anything which contradicts the Pancasila or the 1945 Constitution, or threatens the integrity of the Republic of Indonesia;
- anything which may cause conflict or fierce arguments between groups, ethnic groups, religious groups, racial groups, etc.;
- anything which encourages the public to engage in illegal actions; and/or
- anything which violates the prevailing laws and regulations.