Upholding Fair Digital Journalism: Introduction of Publisher Rights in Indonesia
Authors
The Government of Indonesia has recently enacted Presidential Regulation No. 32 of 2024 on the Responsibilities of Digital Platform Companies to Support Quality Journalism ("PR 32/2024").
This regulation signifies a significant development in the legal framework, with a specific focus on publisher rights. PR 32/2024 aims to regulate the behavior of major global digital platform companies like Google and Meta, ensuring their practices adhere to principles of equality and fairness, particularly in the distribution of content from local and national media sources.
This ARMA Update will delve into four main aspects covered by PR 32/2024:
• the regulation of digital platform companies;
• fostering collaboration between these companies and press entities;
• the establishment of oversight committees; and
• the provision of funding from platforms to support press organizations.
Scope and Obligations of Digital Platform Companies
Article 5 of PR 32/2024 outlines that the jurisdiction of digital platform companies is contingent upon their provision of digital platform services within Indonesia. Digital Platform Companies are entities in the private sector organizing electronic systems, offering, and operating digital platform services for commercial purposes through data collection and processing. Consequently, any Digital Platform Companies operating within Indonesia are mandated to support quality journalism through the following measures:
- not facilitating the distribution and/or commercialization of news content that is not in accordance with the law on the press after receiving the report through the reporting facilities provided by the Digital Platform Companies;
- providing best efforts to help prioritize the facilitation and commercialization of news produced by press companies;
- provided fair treatment to all press companies in offering Digital Platform Services;
- implementing training and programs aimed at supporting quality and responsible journalism;
- providing best efforts in designing news distribution algorithms that support the realization of quality journalism in accordance with democratic values, diversity, and laws and regulations; and
- cooperating with press companies.
It is crucial to highlight the scope of Digital Platform Companies as specified above. While press companies, as defined in Article 6 of PR 32/2024, specifically refer to press entities verified by the Press Council (Dewan Pers).
Within the context of obligations, it is interesting to note that despite the imposition of the above-listed obligations upon Digital Platform Companies, PR 32/2024 does not set out any range of sanctions that will apply in relation to cases of non-compliance, as committed by Digital Platform Companies.
Cooperation between Digital Platform Companies and Press Companies
Pursuant to Article 7 of PR 32/2023, cooperation between Digital Platform Companies and press companies must be formalized through agreements, which can adopt any of the following structures:
- Paid licenses;
- Profit-sharing;
- Aggregated news user data sharing; and/or
- Other forms of agreement.
Profit sharing as referred to point 2 above is the distribution of income from the utilization of news by Digital Platform Companies produced by press companies based on economic value calculations. In the event of disputes arising during collaboration, both parties have the option to opt for non-litigation dispute resolution mechanisms, such as arbitration or alternative dispute resolution, either independently or collectively.
Committee and Funding
According to Article 9 of PR 32/2024, the Press Council will appoint and form a committee, operating independently, to fulfill its mandates. The primary responsibility of this committee is to oversee Digital Platform Companies' adherence to the obligations outlined in PR 32/2024.
In accordance with Article 11 of PR 32/2024, the committee will undertake the following functions to fulfill its duties:
- monitoring and facilitating compliance of Digital Platform Companies;
- providng recommendations to the Minister of Communication and Informatics, based on the results of monitoring; and
- facilitating arbitration or alternative dispute resolution procedures in cases where disputes emerge between Digital Platform Companies and press companies.
It is important to highlight that the committee is mandated to publish public reports on its performance of duties and functions at least once annually. These reports must be uploaded onto the Press Council's information system and easily accessible to the public.
As per Article 14 of PR 32/2024, the committee will consist of representatives from the Press Council (up to five people), the Ministry of Communications and Informatics (one person), and experts (up to five people). Expert representatives will be appointed by the Coordinating Minister of Political, Legal, and Security Affairs. The committee's term of duty will span three years, with the possibility of serving for a maximum of two terms.
Lastly, funding for the committee's organizational activities will be derived from: 1) press organizations; 2) press companies; 3) state assistance; and/or 4) other forms of aid, in accordance with relevant laws and regulations.
Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.
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