Kingdom of Saudi Arabia: Imminent deadline for digital content platforms to comply with new KSA regulations

Digital content platforms (including social media, video sharing, e-sports and gaming platforms) providing services to users in the Kingdom of Saudi Arabia (“KSA” or the “Kingdom”) are required to fulfil new licensing and registration requirements under regulations issued by the Communications, Space & Technology Commission (the “CST”) by 8 October 2024. 

The Regulations for Providing Digital Content Platform Services (the “Regulations”), issued by the CST in October 2023, apply to all digital content platform service providers, whether local or international, that are offering digital content platforms to users in the Kingdom. Whilst a few exemptions apply, these digital content platforms are now required to be licensed or registered by, or file a notification with, the CST. The Regulations are issued as part of the CST’s objective to develop and improve the regulatory environment for digital content in the Kingdom. 

What are digital content platforms required to do?

The requirements vary depending on the type of content platform and the number of subscribers to, or users of, that service. Satellite Pay TV platforms and IPTV platforms are required to obtain a license (issued for a 10-year period) from the CST with an annual license fee of SAR 50,000. Video OTT platforms (with 35,000 or more KSA subscribers) and on-demand radio platforms (with 50,000 or more KSA users) are required to register with the CST and are also subject to an annual fee of SAR 50,000.

Social media platforms and video sharing platforms with 100,000 or more users in KSA are required to complete a notification to the CST. There are no fees listed for the notification. Similarly, “e-sports participation platforms” that allow users to participate in organised online e-sports tournaments (with 100,000 or more KSA users) will also need to file notifications, with no applicable fee.

All service providers of digital content platforms that fall under the new requirements must appoint a “Platform Liaison Officer” (“PLO”) as the contact point with the CST. The good news for the PLO is that the Regulations are clear the PLO is not liable for any violations of the service provider.

Are there any exemptions?

Yes, as mentioned above, subscriber or user thresholds apply to some of the requirements, therefore platforms with a small KSA subscriber or user base will not need to be registered with, or notified to, the CST. Internet radio platforms that are affiliated to a radio station already licensed by the General Authority of Media Regulation (“GAMR”) are also not required to register with the CST. No similar exemption is listed for any other services licensed by GAMR, or indeed any digital content platforms related to those services. 

Only one license or registration is required by a service provider to cover its platforms under the same category of service. For example, a service provider with both a satellite TV platform and an IPTV platform would only require one license from CST to cover both services. 

A service provider may also request an exemption for a “trusted digital content platform” if: (i) the platform is regulated in another country with an equivalent level of regulation to KSA’s; (ii) the service provider can demonstrate that it had adequate safeguarding and protection levels in place for users, equivalent to the CST’s requirements; and (iii) the service provider can evidence “concrete contributions to local investments and localisation of services”.

Also, significantly, there is a carve out for print media, broadcasters of linear content and “text- heavy” websites and applications which are all outside the scope of the new Regulations.

What does this mean for the regulation of digital content platforms in KSA?

The short answer is, we’re not quite sure yet. Under the Regulations, service providers operating digital content platforms providing content to KSA users are specifically required to comply with the KSA Telecommunication and Information Technology Act (which came in effect in December 2022) (“Telecoms Act”), its bylaws and any other relevant regulations and decisions of the CST. 

Notably, the Telecoms Act states one of its aims as providing protection against “harmful content”, enabling the blocking of digital content platforms “in full or in part”. The requirements for digital content platforms to license or register could be paving the way for further regulations to be issued by the CST relating to online content, online safety and safeguarding children, as we have seen recently in other jurisdictions.

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