In a clear reflection of the Kingdom's strong will to support the development of the digital content sector, stimulate creativity and innovation, provide an enabling environment for all companies providing related services in the Kingdom, and to achieve a globally leading role by 2030, the Saudi Cabinet issued decree (125) dated 21/02/1443 AH. This approved the creation of the Digital Content Council, with mandates to develop digital content in the Kingdom, coordinate efforts between government agencies to improve the legislative and regulatory environment for digital content, identify obstacles and challenges hindering sector growth, and propose necessary policies, solutions, initiatives and recommendations for sector development and follow up on its implementation. Furthermore, the decree approved the executive program for the project to regulate digital content and its platforms (IGNITE).

Herewith, the Digital Content Council mandated CST to develop a regulatory framework for a clear and transparent licensing mechanism for digital content platforms. This is in accordance with Royal Decree No. (106) dated 2/11/1443 AH to issue Telecommunications & Information Technology Act. Therefore, CST issue this regulation to regulate provision of digital content platforms services in line with the objectives of the executive program for the project to regulate digital content and its platforms (IGNITE).

The following words and expressions shall have the meanings associated with them unless the context requires otherwise:

2-1 “The Kingdom”: The Kingdom of Saudi Arabia.

2-2 “CST or Commission”: Communications, Space and Technology Commission.

2-3 “Digital Content”: Any content that exists, stored, and distributed digitally, in the form of specific digital audio and visual formats. This does not include print media, linear broadcasters, websites and applications that mainly rely on text content. Please refer to Article (4) for further clarification.

2-4 “Digital Content Platforms or Platforms”: The Platforms specified in Article (4), To which the provisions of these regulations apply and are mainly characterized by the following features:

           2-4-1 Platforms providing digital content visual or audio, or both, for free or for a fee to users.

           2-4-2 Platforms providing digital content through one or more digital devices (Such as, but not limited to, smartphone, computer, game consoles, TV, etc).

2-5 “Service Provider”: The entity that operates a digital content platform from which digital content is distributed and/or provided to users in the Kingdom.

2-6 “Regulatory Tool”: The mechanism through which CST authorizes the service provider to provide digital content platform services to users within the Kingdom, and the regulatory tools for this in these regulations are limited to: (licensing, registration, notification) in accordance with what is described in Article (5) of these regulations.

2-7 “License”: A document issued by CST to service providers of specific services for digital content platforms in accordance with these regulations.

2-8 “Registration”: The mechanism through which a service provider registers with CST to provide specific services for digital content platforms in accordance with these regulations.

2-9 “Notification”: The mechanism through which the service provider notifies CST of providing specific services for digital content platforms in accordance with these regulations.

2-10 "User or Users": Anyone who deals from within the Kingdom with digital content platforms to obtain the services provided in its various forms, and this includes subscribers, customers, consumers, viewers, listeners, and the like.

2-11 "Platform Liaison Officer": The person - whether a natural or legal person - appointed by the service provider to be the contact person with the Authority on behalf of the service provider to provide the information and documents required by the Authority.

2-12 "Linear Content": Visual or audio content, or both, that is provided to users according to a specific programming schedule.

2-13 "On-demand content": Visual or audio content, or both, that is provided to a user upon their request without being bound by a predetermined program schedule. The platforms that offer this business model often play a major role in determining the content available through them.

2-14 "Satellite Pay TV Platforms': Platforms that provide visual and audio content in encrypted forms (using a conditional access system) via satellite allowing users to access content via a set-top box or similar devices.

2-15 "Internet Protocol TV (IPTV) Platforms': Platforms that provide visual and audio content through closed networks based on Internet Protocols (IP) using a transmission path that is owned or controlled by the platform via a set-top box or similar digital devices, where the platform is the operator of these set-top box or similar digital devices.

2-16 "Video OTT Platforms": Platforms that provide linear or on-demand video content to users, over the public internet using a transmission path that is not owned or controlled by the platform; these platforms have a major role in determining the content available through them, and often the content is not provided by the platform's users.

2-17 "Video Sharing Platforms" : Platforms that provide linear or on-demand online content to users with limited editorial control over the content available on the platform; these platforms have limited control over the content available, as the content is uploaded and shared by users.

2-18 "Audio-on-Demand Platforms": Platforms that provide on-demand audio content (music, podcasts, audiobooks, or other audio) over the internet to users; these platforms have a major role in determining the content available through them.

2-19 "Internet Radio Platforms": Platforms that provide linear audio content (e.g. music, podcasts, audiobooks or other audio content) over the internet to users; these platforms play an active role in determining the content available through them.

2-20 "Online Gaming Platforms": Platforms that allow users to play games (downloadable or on the cloud) using the internet with the purpose of monetizing the provision of the gaming service, either through user fees or other revenue generating features (For example but not limited to: advertisements, partnerships).

2-21 "E-sports Participation Platforms": Platforms that allow users to participate in organized online e-sports tournaments, with such platforms usually offering dedicated matchmaking, server hosting and player ranking features to users.

2-22 "Social Media Platforms": Platforms whose primary purpose is to facilitate social interaction and content sharing between users; these platforms have limited control over the content available, as the content is uploaded and shared by users.

2-23 "Online Advertising Platforms": Platforms that provide means to publish digital content as advertisements through various digital channels (For example but not limited to: websites, applications).

These regulations aim to regulate the provision of digital content platform services to ensure the following:

          3-1 Provide the necessary regulatory environment to support implementation of development policies, plans and programs to develop digital content platforms in the Kingdom.

          3-2 Creating unified regulations to provide digital content platform services in the Kingdom and facilitating the implementation of regulations, laws and decisions related to digital content issued by relevant government agencies.

          3-3 Ensure transparency, clarity, objectivity, fairness and non-discrimination with regard to regulations, rules, and operational, administrative and financial requirements for service providers.

4-1 Without prejudice to other relevant regulations, the provisions of these regulations apply to the service providers listed below for users in the Kingdom:

             4-1-1 Digital video platforms, including:

                       4-1-1-1   Satellite Pay TV platforms.

                       4-1-1-2   Internet Protocol TV (IPTV) platforms.

                       4-1-1-3   Video OTT platforms.

                       4-1-1-4   Video sharing platforms.

             4-1-2 Digital audio platforms, including:

4-1-2-1 Audio-on-demand platforms. 

4-1-2-2 Internet radio platforms.

            4-1-3 Digital gaming platforms, including:

             4-1-3-1 Online gaming platforms.

             4-1-3-1 E-sports participation platforms.

             4-1-4 Digital advertising platforms, including: 

4-1-4-1 Social media platforms.

4-1-4-2 Online advertising platforms.

4-1-5 Other platforms that CST deems necessary to be included in the scope of these regulations at any time in line with future growth and expansion of the digital content sector.

4-2 Print media, broadcasters of linear content, and websites and applications that rely heavily on textual content are not within the scope of these regulations.

6-1 Service providers shall comply with the applicable provisions of these regulations and Telecommunications and Information Technology Act and its Bylaw and other relevant regulations and decisions of CST.

6-2 Service providers shall comply with all other applicable Laws, Bylaws and Regulations from competent authorities in the Kingdom.

6-3 The service provider is committed to fully cooperating with CST to exercise its duties. This is in accordance with the following provisions:

     6-3-1 CST may request information from the service provider to support its duties; this is mainly to verify the information provided by service providers, and to understand and study the development of the sector (for example, in relation to the total number of users). CST's information request shall clearly stipulate the reasons and justifications for the information request, details of the type of data requested and specify the time for a reply.

     6-3-2 The type and details of the request by CST shall be reasonable and proportionate to the stated request.

     6-3-3 Service providers are required to comply with CST's request within the specified reply timeframe or provide valid reasons for their inability to do so.

     6-3-4 Service providers can request further clarification on CST's request, and CST shall reply with adequate clarification.

     6-3-5 CST will deal with collected data in strict confidentiality and in accordance with applicable laws in the Kingdom. CST's request will abide with privacy rules and data confidentiality considerations for service providers.

6-4 Service providers that fall under the scope of the regulatory tools (License, Registration, Notification), as described in Article (5), shall appoint a Platform Liaison Officer in order to receive and respond to the CST's communications and requests. For the avoidance of doubt, CST shall not hold the Platform Liaison Officer liable for any actions of, or violations subsequently judged to have been caused by Service providers.

6-5 The service provider obtaining the regulatory instrument specified in the license is obligated to obtain the required approvals from the competent authorities in the Kingdom, and to launch services to the public within a maximum of twelve (12) calendar months from the date of issuance of the license. The service provider must notify CST immediately upon his failure to achieve this, and CST shall take the necessary measures according to its absolute discretion.

7-1 The service provider obtaining the regulatory instrument specified in the license is obligated to obtain the required approvals from the competent authorities in the Kingdom, and to launch services to the public within a maximum of twelve (12) calendar months from the date of issuance of the license. The service provider must notify CST immediately upon his failure to achieve this, and CST shall take the necessary measures according to its absolute discretion.

7-2 Fee are due as soon as the payment invoice is issued. Service providers are required to pay applicable fees on their due dates and within thirty (30) days from the date of invoice issuance.

7-3 CST reserves the right not to refund the fees paid for licensing or registration applications in the event that the applicant does not fulfill the conditions and/or requirements for licensing or registration detailed in Appendix (1) in the manner required in its discretion.

 7-4 CST may amend or cancel any of the fees in accordance with its regulations.

CST may review fees that described in Annex (2) from this regulation - at its discretion - after seeking public consultations about them and announcing their details and mechanism in various media outlets; any amendments approved by CST in accordance with this article shall be binding from the date specified in the announcement.

8-1-1 Service providers may provide the relevant licensed or registered service for the duration of the validity period specified in Annex (1), and the license or registration begins from the date of its issuance or registration, respectively.

      8-1-2 Service providers seeking to renew the license or registration shall provide CST with a complete renewal application at least ninety (90) days before the period of validity of the license or registration expires.

      8-1-3 Service providers that provide services requiring notification are not required to submit a renewal application to CST.

      8-1-4 Unless otherwise specified, renewal of the license or registration is subject to similar conditions to that of an initial license or registration application. The period of the license or registration upon renewal shall be the same as the validity period of the license or registration upon its issuance.

      8-1-4Any platform that requires a license or registration from CST is permitted to provide a service once its license or registration has expired. An expired license or registration is deemed canceled and requires a new application to be made for a new license or registration to be issued.

 8-2-1 License or registration transfer means the transfer of all rights and obligations associated with the license or registration to any other party in accordance with the provisions and procedures stipulated in these regulations and those of the relevant CST's regulations.

      8-2-2 The service provider may not assign the license or registration to a third party, including mergers and acquisitions, except after obtaining the approval of CST and/or other relevant entities or regulatory, and all rights and obligations arising from the license or registration will be transferred in this case. For the new party (as long as the transfer does not conflict with the regulations in force in the Kingdom of Saudi Arabia). Article (10-4) details the conditions for submitting a request to transfer a license or registration and the procedures related to them.