TEMPO.CO, Jakarta - Press Council Chair Ninik Rahayu explains the Presidential Regulation on Publisher Rights for media business sustainability.

Last month, President Joko Widodo issued Presidential Regulation No. 32/2024 regarding the Responsibilities of Digital Companies to Support Quality Journalism. It took the government three years to finalize the regulation from its inception in 2021. The decree, known as the publisher rights regulation, governs digital platform companies’ obligation to refrain from spreading negative news and to collaborate and share the collaboration results with media companies.

Press Council Chair Ninik Rahayu recounted that the bill deliberation was marked by intense lobbying and negotiation. Media companies, for example, questioned the Press Council’s verification requirement to enter into binding contracts with digital platforms. Meanwhile, digital platforms such as Google and social media platforms such as Facebook, among others, objected to the obligation to sort and remove negative news from their search engines. “The bottom line is that everyone reduces tension,” she said.

The issuance of the Publisher Rights regulation did not go without polemic. There have been concerns about potential restrictions over news content. Ninik ensured that the regulation would not lead to censorship practices. “Platforms are not determiners. Everything must be referred back to the Press Council,” she added.

Ninik sat down with Tempo for a special interview at the Tempo headquarters in West Jakarta on Wednesday, March 6, right after giving a speech at the event commemorating Tempo’s 53rd anniversary. The former member of the Ombudsman of the Republic of Indonesia explained the publisher rights regulation formulation process and the challenges the press faces in the digital era for over an hour. Excerpts:

How did the process of making this presidential regulation on publisher rights begin?

It started when our press colleagues voiced their grievances to President Joko Widodo on National Press Day in early 2021. They told him about the media ecosystem in the digital era that was making it increasingly difficult for the public to differentiate between conventional information and journalistic works. There were also complaints about revenue sharing as the media companies did not feel they received due shares compared with what digital companies were getting.

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What serious issues regarding the quality of journalistic work were conveyed to Jokowi?

There is a lot of disinformation circulating, but not everyone makes an effort to seek the truth from mainstream media. Indeed, press freedom allows easy establishment of media companies, but not all are managed professionally, resulting in bad quality news, and society is misled. Many also enjoy news that contains clickbait.

What is revenue sharing with digital platforms like?

One of the complaints raised then was the lack of transparency over advertising revenues. This income is attached to the algorithm systems managed by digital companies.

Can the Presidential Regulation on Publisher Rights overcome all these issues?

I think it is the right (instrument) for now. We are grateful that the press and government have been able to complete the stages. We are still waiting six months to ensure a more concrete implementation scheme. The Press Council and its constituents can ascertain that this regulation answers the problems. Everyone is actively participating. However, expectations still need to be accommodated. What’s important is that everyone reduces tension.

We heard that the discussion with platform companies was contentious, especially over their obligation to sort news…

Both sides, the press and platforms, rejected that. The press objected if the news selection authority was handed over to platform companies. Our press colleagues argued that verifying whether a given piece of news was quality journalistic work was in the Press Council’s hands. How could this task be given to platform companies? Similarly, the other side also felt, “Why are we given this responsibility?”

What was the middle ground?

Platform companies declined to guarantee and determine quality journalistic works. Negotiations then resulted in the change of the diction in the regulation to the effect that platform companies are obligated to make their best efforts to support quality journalism.

How about the implementation?

Platforms will not facilitate news containing misinformation and disinformation. They will facilitate good quality news and support it through training. The most important thing is to design algorithms to support news reporting that offers diverse perspectives and does not create polarization. Current technologies can do that as long as there is a will. In several countries, news that does not meet the standards is immediately cut. We are hoping for the same.

Wouldn’t that lead to censorship that undermines press freedom?

We don’t want to enforce censorship. That’s why Article 5 of the regulation asks platform companies to facilitate quality news produced by media companies. They are not determiners so everything has to be referred back to the Press Council.

Read the Full Interview in Tempo English Magazine