Andry Dwiarnanto
Universitas Borobudur, Jakarta, Indonesia

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Video Streaming Platforms' Responsibilities for Repeated Copyright Infringement and Notice and Take Down Mechanisms Andry Dwiarnanto; Megawati Barthos
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.595

Abstract

The rapid growth of video streaming platforms poses challenges to copyright protection, particularly repeated infringement by users. Although platforms act as intermediaries, the continued uploading of pirated content raises questions regarding their legal liability. This study analyzes platform responsibilities from the perspective of safe harbor and notice and take down (NTD) mechanisms based on Indonesian regulations, including the Copyright Law, the ITE Law, Government Regulation 71/2019, and Minister of Communication and Information Regulation 5/2020, and compares them with the United States' DMCA and the European Union's e-Commerce Directive & Copyright DSM Directive. The analysis shows that Indonesia has regulated platforms' obligations to take action against infringing content through NtD, but has not yet explicitly regulated the deactivation of repeat users. Regulatory strengthening is needed to balance the interests of copyright holders and users' freedom of expression, including standard NtD procedures, counter-notice mechanisms, and administrative sanctions for negligent platforms. This research is expected to contribute to policymakers and industry players in formulating adaptive regulations to the dynamics of copyright infringement in the digital era.