The presidential office of the Republic of Indonesia issued Presidential Regulation No. 32 of 2024 on Digital Platform Company Responsibility to Support Quality Journalism (“PR 32/2024”), also known as the Publisher Right Regulation. PR 32/2024 was enacted after several debates with the relevant authority (i.e., the Ministry of Communications and Informatics (“MoCI”)), amidst the ongoing digitalization of mass media in Indonesia.
The new regulation will be effective starting 20 August 2024 or six months after its enactment. PR 32/2024 is addressing the liability of digital platform companies to support the growth of journalism, as well as maintaining a healthy quality journalism (i.e., content and news) ecosystem in Indonesia through their services. Additionally, a digital platform company is required to establish a mutual relationship with a press company in a form of cooperation.
To fully understand various aspects regulated under PR 32/2024, we have prepared this article on general overview of PR 32/2024, which covers (i) the obligations of digital platform companies, (ii) cooperation with press companies, and (iii) the Publisher Rights Committee.
Obligations of Digital Platform Company
A digital platform company, when commencing its activities, must conform with the obligations under PR 32/2024 to support quality journalism in Indonesia. Based on Article 5 of PR 32/2024, these obligations include:
- not facilitating the dissemination and/or commercialization of contents/news prohibited under the Press Law (i.e., racism, narcotics, and cigarette use), after receiving the report through the reporting facility provided by the digital platform company. In other words, the company is also obliged to provide a reporting mechanism within their platform;
- prioritizing facilitation and commercialization of contents/news produced by the Press Company;
- providing a fair treatment to the press company in offering the digital services;
- implementing training and programs aimed at supporting quality and responsible journalism;
- designing contents/news distribution algorithms that supports quality journalism in accordance with the democratic values, diversity and statutory regulations; and
- cooperating with a press company.
Cooperation with Press Company
In providing the contents/news through their platforms, a digital platform operator must cooperate with a press company under an agreement. According to Article 7 of PR 32/2024, such cooperation may take the form of (a) paid licensing, (b) profit sharing based on the distribution of contents/news produced by the press company, (c) sharing the aggregate news users' data, and/or (d) other forms of cooperation.
Please note that in the event of disputes during the cooperation between the digital platform company and the press company, both parties are eligible to resolve such disputes through arbitration or alternative dispute resolution forums.
Publisher Right Committee
It is important to note that in performing their obligations, a digital platform company will be supervised by the Publisher Rights Committee (“Committee”), established by the Indonesian Press Council. The Committee is expected to carry out its duties independently. In other words, the Committee is an independent institution formed to oversee digital platform companies. The Committee consists of 11 members of the Indonesian Press Council, Ministry, and experts in digital platform services.
(Article 9, 10, and 14 of PR 32/2024)
In addition to supervising the fulfilment of obligations by digital platform operators when providing their services, Article 11 of PR 32/2024 stipulates that the Committee is also required to provide recommendations to MoCI based on their supervisory reports, as well as facilitate the settlement of disputes between the relevant digital platform companies and press companies during the commencement of their cooperation through arbitration or alternative dispute resolution.
NLP Commentary on Publisher Rights in Indonesia based on PR 32/2024
The enactment of PR 32/2024 marks a significant development in the regulatory landscape for digital platform companies and journalism in Indonesia. This regulation aims to address the evolving challenges due to the digitalization of media. Moreover, this regulation will ensure sustainability of quality in Indonesia's journalism ecosystem.
The effective enactment of PR 32/2024 will call attention to digital platform companies to improve their role in supporting quality journalism by providing clear guidelines and obligations in providing their services.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.