Recently, Indonesia's Constitutional Court revised Article 10 of the Copyright Law, implying that UGC platforms will also be subject to the rules of Indonesia's Copyright Law. Indonesia's Constitutional Court Ruling No. 84 of 2023 expanded the phrase "business premises" in Indonesia's Copyright Law to encompass not only organizations' business premises, but also UGC's virtual network platforms.
As a legal consequence of its ruling, the Court argued that the execution of Article 114, which incorporates criminal penalties for perpetrators of copyright infringement, as described in Article 10, must be amended to reflect the new interpretation of Article 10 of the Copyright Law. Thus, the Court concluded that law enforcement agents could not separate the application of Article 114 from Article 10 of the Copyright Law.
UGC platform operators should take appropriate measures in their daily operations to ensure that the platform does not contain any illegal UGC and does not assist in the dissemination of illegal UGC. At the same time, the operator should promptly report the user-uploaded illegal UGC to the relevant authorities and promptly remove any illegal UGC from the platform.
The court's ruling is expected to impose stricter requirements on UGC platform operators. UGC platform operators may need to take more stringent measures, such as the use of content review systems and human review, to ensure that infringing products can be removed promptly. In addition, UGC platform operators may also need to strengthen cooperation with relevant departments to better address infringement issues.
