Indonesia Issues Publisher Rights: Google and Social Media Must Collaborate with Local Media
The President of the Republic of Indonesia, Joko Widodo, on February 20, 2024, signed the Presidential Regulation Number 32 of 2024 concerning the Responsibility of Digital Platform Companies to Support Quality Journalism. One of the provisions in that regulation, which President Joko calls the Publisher Rights Regulation, requires digital platforms such as Google, Facebook, and X (Twitter) to collaborate with local media companies.
The Presidential Regulation on Publisher Rights consists of 6 (six) chapters and 19 articles, with a summary as follows:
Chapter I: General Provisions
This chapter regulates the responsibilities of digital platform companies, such as Google, Facebook, or X (Twitter), to maintain a healthy news business ecosystem and support quality journalism.
Chapter II: Digital Platform Companies
Digital platform companies are determined based on service presence in Indonesia. They are obliged to support quality journalism by:
- Not facilitating the dissemination and/or commercialization of news content that is not by the law regarding the press after receiving reports through reporting facilities provided by digital platform companies;
- Provide best efforts to prioritize the facilitation and commercialization of news produced by press companies;
- Provide fair treatment to all press companies in offering services;
- Carrying out training and programs aimed at supporting quality and responsible journalism;
- Providing the best effort in designing news distribution algorithms that support the realization of quality journalism by democratic values, diversity, and statutory regulations;
- Collaborate with press companies that the Press Council has verified in four ways, namely:
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- Paid license
- Profit sharing
- Sharing aggregate data of news users
- Other agreed forms
Chapter III: Cooperation and Dispute Resolution
Apart from regulating the forms of cooperation as mentioned above, this chapter discusses how to resolve disputes between digital platform companies and the press, namely:
- The parties, individually or collectively, can submit legal remedies outside the general court through arbitration or alternative dispute resolution.
- Dispute resolution is carried out independently by statutory provisions.
Chapter IV: Committee
The committee was formed and determined by the Press Council. Duties and functions are as follows:
- Ensuring the fulfillment of digital platform company obligations.
- Supervise and facilitate the fulfillment of company obligations related to digital platforms.
- Provide recommendations to the Minister regarding the results of supervision.
- Facilitate arbitration or alternative dispute resolution between digital platform companies and the press.
Matters relating to the committee are:
- Every committee decision-making is carried out in a collegial collective manner and is accountable to the public.
- If a consensus deliberation agreement is not reached, the majority vote decides.
- Each committee agreement must:
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- Through a consideration process that considers input in the form of opinions and thoughts that develop in society.
- Guarantee transparency, guarantee independence, and fulfill a sense of justice.
- The committee must regularly report to the public on implementing its duties and functions at least once a year. This report is uploaded to the Press Council information system and must be easily accessible to the public.
- The committee consists of representatives from:
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- The Press Council does not represent press companies.
- Ministry.
- Experts in Digital Platform Services who are not affiliated with digital platform companies or the press.
- The committee members have an odd number of at most 11 people, consisting of:
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- Representatives from elements of the Press Council, a maximum of five people;
- Representatives from elements of the Ministry are one person;
- Representatives from expert elements, as a maximum of five people, and appointed by the minister who coordinates government affairs in politics, law, and security.
- The composition of the committee membership consists of:
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- One committee chairman is also a committee member.
- One deputy chairman of the committee is also a member of the committee.
- Committee members can be appointed for a term of three years and can be re-elected for another term.
- The Committee is assisted by a secretariat, held ex officio by the Secretary of the Press Council.
Chapter V: Funding
Sourced from press organizations and companies, assistance from the state and/or others by statutory provisions.
Chapter VI: Conclusion
Regulates the implementation of the Presidential Regulation on Publisher Rights, namely six months from the date of promulgation or August 20, 2024.
With this Publisher Rights Regulation, the government of the Republic of Indonesia is trying to organize the ecosystem of digital platform companies with press companies to support quality journalism to realize a democratic life as a nation, state, and society.
If you need more information about the Presidential Regulation on Publisher Rights and its implementation in Indonesia, please contact us via [email protected].
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