New Regulation on Classification of Games
On January 24, 2024, the Minister of Communications and Informatics (the “MOCI”) enacted MOCI Regulation No. 2 of 2024 on Classification of Games (“Regulation 2/2024”). Regulation 2/2024 revokes the previous regulation governing online games, namely MOCI Regulation No. 11 of 2016 dated July 15, 2016 on Classification of Electronic Interactive Games.
Regulation 2/2024 was enacted to facilitate the use of information technology and protect the public interests of all forms of disruptions as a result of any misuse of information and electronic transactions that disrupts public order. Further, the Government needs to protect the public in the use of information technology products in the form of games in accordance with the cultural characteristics and norms in Indonesia.
Under Regulation 2/2024, games are defined are software where users may interact via hardware to play and get audiovisual feedback, while the classification of games is defined as an activity of grouping of games based on content and user age through an assessment carried out independently by the publisher (i.e., a publisher of games) and the result shall be subject to the conformity testing (in Indonesian, uji kesesuaian) by the game classification examiner.
Note that a publisher of games is any individual, business entity, and/or legal entity which markets gaming products (a “Publisher”).
We set out below the key provisions under Regulation 2/2024:
A. Classification Procedures
Article 4(1) of Regulation 2/2024 stipulates that a Publisher shall register as a Private Electronic System Provider (in Indonesian, Penyelenggara Sistem Elektronik Lingkup Privat or PSE Lingkup Privat) through the OSS system in accordance with the applicable laws and regulations.
Thereafter, the Publisher shall carry out (i) the classification of games independently and (ii) include the result of such classification of games based on the conformity test on the description, packaging, and advertising of the games.
The classification of games is carried out independently by filling out an online assessment through a website maintained by the MOCI or an electronic system connected the website maintained by the MOCI.
The MOCI will then issue the result of the classification of games after the Publisher has completed the classification of games independently.
Note that the Publisher is only allowed to market the games after the MOCI has issued the result of the classification of games as referred above.
B. Classification Threshold
Based on Regulation 2/2024, games are classified based on the following age group of users:
-
-
- 3 (three) years or more;
- 7 (seven) years or more;
- 13 (thirteen) years or more;
- 15 (fifteen) years or more; and
- 18 (eighteen) years or more.
-
The above age groups are determined based on content categories consisting of (i) cigarettes and/or electronic cigarettes, alcoholic beverages, psychotropics, and/or other addictive substances, (ii) violence, (iii) blood, mutilation, and cannibalism, (iv) use of language, (v) character appearance, (vi) pornography, (vii) gambling simulation and/or activities, (viii) horror, and (ix) online interaction.
Regulation 2/2024 also regulates the criteria that shall be complied with for each age group of users. For example, Article 9 of Regulation 2/2024 stipulates that games classified into the age group 3 (three) years or more shall fulfill the following criteria, among others, the contents therein shall not show violence, do not use foul language, profanity, and/or adult humor, and do not contain gambling simulation and/or activities.
C. Games Not Fit for Classification
Pursuant to Article 14 of Regulation 2/2024, games will not be classified if it contains the following contents:
-
-
- Visual and/or audio of pornography;
- Game activity based on luck or any kind of gambling that enables the use of legal means of payment, foreign currency, electronic money, or intangible commodities in the form of digital assets that can be traded and exchanged to legal means of payment and providing/supporting/facilitating disbursement (cash out) features; and/or
- Violation of applicable laws and regulations.
-
D. Conformity Test
As mentioned above, the result of the classification of games shall be subject to a conformity test carried out by the game classification examiner (the “Examiner”). The Examiner shall be a legal entity that has the expertise to carry out the conformity test and shall be determined by the MOCI.
In the case that there is no Examiner yet, the conformity test shall be carried out by the MOCI.
E. Public Participation
Regulation 2/2024 provides the right to the game users and the public to report any discrepancies in the result of the classification of games to the MOCI, (i) online through a website maintained by the MOCI or an electronic system connected the website maintained by the MOCI or (ii) offline to the Directorate General of Informatics Application (in Indonesian, Direktorat Jenderal Aplikasi Informatika) of the MOCI.
F. Administrative Sanctions
Regulation 2/2024 stipulates certain administrative sanctions that may be imposed by the MOCI to the Publisher, which form shall be subject to the type of violation conducted by a Publisher.
For example, in the event that a Publisher does not carry out the independent classification of games and/or market or advertise games that are not yet classified, the MOCI imposes administrative sanction in the form of game access termination.
G. Other Relevant Provisions
Pursuant to Article 22(1) of Regulation 2/2024, a Publisher shall carry out the classification of games at the latest 2 (two) years as of the enactment of Regulation 2/2024.
Separately, Regulation 2/2024 provides that for the games that are already classified outside Indonesia and is marketed in Indonesia, such games shall fulfill the classification of games at the latest 2 (two) years as of the enactment of Regulation 2/2024.
On that note, the above provisions shall be complied with at the latest by January 24, 2026.
Please be informed that Regulation 2/2024 expressly stipulates that certain provisions shall be further governed by a separate MOCI Regulation, such as further provisions on a Publisher and the Examiner with regard to its supervision by the MOCI.
AKSET
Please contact Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com) or M. Fatih Satria Kasmaliputra (mkasmaliputra@aksetlaw.com) for further information.
Disclaimer:
The foregoing material is the property of AKSET and may not be used by any other party without prior written consent. The information herein is of general nature and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. Specific legal advice should be sought by interested parties to address their particular circumstances.
Any links contained in this document are for informational purposes and are available and relevant at time this publication is made. We provide no liability whatsoever in respect of any information or content in such links.
