³ÉÈË¿ìÊÖ

Last month, northern Canadian communities prepared for an emergency evacuation from raging forest fires– a situation in which critical, timely, trusted information can be a matter of life and death.

But the forest fires struck after Canada passed its Online News Act, requiring technology platforms such as Google and Meta to negotiate with news publishers on revenue sharing for use of their content from December. Meta called the legislation ‘unworkable’ and stopped carrying Canadian media content completely – to criticism from senior Canadian officials, as people used to turning to social media platforms for news in a crisis found themselves unable to share local media links.

This stand-off comes as local media around the world face what has been called an ‘extinction moment’ – with countless small local newspapers and broadcasters forced to close as advertising revenue dwindles, amid a digital world dominated by large technology platforms.

The next testing ground

Now, Indonesia is set to be the next testing ground, with a decree currently being finalised that would require ‘big tech’ to pay publishers for content distributed on social media platforms or used in search engines.  

This is significant: Indonesia’s population of 270 million people, the fourth largest in the world, mainly accesses news and information online, and is in the Top 10 countries for social media use globally. The country also has a vibrant media sector with more than 40,000 online media sites, and a strong and independent Press Council representing 5,000 publishers. 

The outcome of Indonesia’s regulation will not only help shape the fate of local publishers, but also set a precedent for how tech giants are regulated - in the ASEAN region and beyond. 

Levelling the playing field?

The Publishers’ Rights decree, to be issued by Indonesia’s President Joko Widodo, is inspired by Australia's 2021 News Bargaining Code and the EU’s 2021 Digital Copyright Directive. It aims to level the economic playing field between media houses (often, local newspapers or radio and TV stations) and big tech platforms, compelling platforms to pay for the news they use.   

This is not the first time that the Indonesian government has taken measures to protect its media ecosystem. In 2020, the Ministry of Communication and Information (KOMINFO) formed a Media Task Force involving 18 representatives from the media sector, including media associations, the press council, and media academics, to address the news industry’s challenges and propose solutions for declining media sustainability. Their advice led to the government issuing public to help media houses during the COVID-19 pandemic, effectively preventing many from closing their doors. 

Combatting misinformation - or censorship light?

This current Publishers Rights regulation focuses on revenue sharing, transparency in algorithms and sharing of user behaviour data, and requiring Big Tech to refrain from sharing content that contradicts the country’s Press Law principles, to help combat misinformation and support trusted and impartial content. 

The latter – differentiating content that runs afoul of press ethics and laws – is a challenging proposition; Wens Mangut, the head of the Indonesia Cyber Media Association, acknowledges that it is causing delays in signing the decree. He also raises questions about whether ethics can be successfully incorporated into algorithmic screening on platforms, and whether this opens the door to censorship. 

The decree is also likely to require Big Tech to notify users and media houses of any changes to algorithms and other systems that impact on content distribution, said Agus Sudibyo, the initiator of Publishers’ Rights in Indonesia during a conference on Big Tech and Journalism hosted by  in South Africa in July. This move – also proposed by the Canadian government – has been strongly opposed by Google and Meta. 

Clout is evident

Yet Indonesia’s clout with big tech giants is evident; last year, social media giants including Meta, TikTok and Twitter were required to obtain communication licenses, based on regulations established to tackle leaks of personal data. Despite civil society concerns regarding political censorship - the regulation allows the government to take down content on social media sites or apps that can disrupt ‘public order’ - the tech companies complied with the cost of operating in this fast-growing market.

Whatever the outcome of Indonesia’s decree, neighbouring countries’ governments and media organisations – including in Vietnam, Malaysia, Philippines, Cambodia, Laos, Timor Leste, Singapore, and Thailand - have expressed keen interest in learning from Indonesia's experience. Though they individually lack the size and bargaining power of Indonesia, this decree would set a precedent for a regional alliance on media viability, supported by international lawyers and media reform specialists, to approach the platforms collectively with a cohesive set of demands for regulatory changes. 

Not a silver bullet solution

The Publishers' Rights decree is not a silver bullet to all the challenges confronting the Indonesian media landscape. Nor is it yet clear how tech giants might respond to these regulatory efforts.

But Wahyu editor in chief of Tempo Digital, describes the Indonesian decree – if passed - as a symbolic victory  that helps recognise the role of media in Indonesia.

--

Helena Rea is head of project at ³ÉÈË¿ìÊÖ Media Action in Indonesia, and Maha Taki is senior advisor on media ecosystems based in London. ³ÉÈË¿ìÊÖ Media Action, the ³ÉÈË¿ìÊÖ’s international charity, is working with Indonesia’s media sector and in many other countries to improve the viability of independent, public interest media.