Indonesia Enacted Publishers’ Rights Regulation

President of the Republic of Indonesia, Joko Widodo, or Jokowi, recently signed a new Presidential Regulation (Peraturan Presiden/Perpres), under the long title “Presidential Regulation no. 32 of 2024 concerning Digital Platform Corporate Responsibilities in supporting Quality Journalism”. The Perpres was officially enacted on February 20, 2024, and since the drafting stage it has been known to many as the Perpres on Publishers’ Rights.

It was the President himself who publicly announced the birth of the new regulation as he delivered his remarks at the 2024 National Press Day in Jakarta on February 20, in which he elaborated on how the Perpres on Publishers’ Rights is aimed at ensuring quality journalism as well as maintaining sustainability of conventional media industry in Indonesia. According to President Jokowi, the government wishes to provide clearer general framework for the cooperation between press companies and digital platforms as a way to improve the quality of Indonesian journalism and to prevent negative contents, while rejecting any assumption that the Perpres was designed to control the press or to reduce the freedom of the press.

The Perpres was drafted through a long process where various stakeholders such as the Press Council, press companies as well as press associations were involved not only in submitting suggestions but also in series of debate and discussion. The government also admitted that the it still has a number of homework, among others to anticipate all risks that may surface – including any possible feedbacks from digital platforms and from general public as the end users – during the transition period until the Perpres is fully in force six months after the enactment date.

The government also claimed that it has done many efforts in support of domestic press industry, including prioritizing government’s spending for advertisements locally.

According to the Perpres, companies providing digital platforms bear the responsibilities of refraining or ceasing from commercializing news contents that are not in line with the Press Law; ensuring fair treatment for all press companies in providing their digital platform services; providing the best possible assistance in prioritizing facilitation and commercialization of news published by press companies; organizing trainings and programs that support quality and responsible journalism; giving their best efforts in designing news distribution algorithm that supports the values of quality journalism in accordance with the values of democracy, diversity, and the laws; and cooperating with press companies.

Also according to the Perpres, cooperation between digital platform companies and the press may take various forms, such as paid licenses, revenue sharing, news users aggregate data sharing, or other agreeable forms that are compliant to existing laws and regulations. In any event of dispute between the two entities, each either jointly or severally may also take on out of court legal action through arbitration or other forms of alternative dispute resolutions.

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