Freedom of speech, freedom of expression, and freedom of the press are human rights protected by Pancasila, the 1945 Constitution of the Republic of Indonesia, and the Universal Declaration of Human Rights of the United Nations.
The existence of online media in Indonesia is also part of the freedom of speech, freedom of expression, and freedom of the press.
Online media have specific characteristics that require guidelines to ensure that their management can be carried out professionally while fulfilling their functions, rights, and obligations in accordance with Law No. 40 of 1999 on the Press and the Journalistic Code of Ethics. Therefore, the Press Council, together with press organizations, online media managers, and the public, has established the following Guidelines for Online Media Coverage:
1. Scope
a. Online Media refers to all forms of media that use the internet platform and conduct journalistic activities, meeting the requirements of the Press Law and the Press Company Standards set by the Press Council.
b. User-Generated Content (UGC) refers to any content created and/or published by users of online media, including articles, images, comments, audio, videos, and various forms of uploads attached to online media such as blogs, forums, reader or viewer comments, and other similar forms.
2. News Verification and Balance
a. In principle, every news item must go through a verification process.
b. News that may harm another party must be verified within the same news item to ensure accuracy and balance.
c. The provisions in point (a) may be exempted under the following conditions:
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The news contains urgent public interest;
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The primary news source is clearly identified, credible, and competent;
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The subject of the news who needs to be confirmed cannot be located or interviewed;
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The media provides a statement to readers that the news still requires further verification, which will be conducted as soon as possible. This explanation must be placed at the end of the same news article, enclosed in parentheses, and written in italics.
d. After publishing news under point (c), the media must continue efforts to verify, and once verification is obtained, the result must be included in the updated version of the article, with a link to the original unverified news.
3. User-Generated Content (UGC)
a. Online media must clearly display the terms and conditions governing User-Generated Content that comply with Law No. 40 of 1999 on the Press and the Journalistic Code of Ethics.
b. Online media must require every user to register and log in before being allowed to publish any form of User-Generated Content. Further details on the login process will be regulated separately.
c. During registration, the media must obtain written consent from the user stating that any User-Generated Content they publish:
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Does not contain false, defamatory, sadistic, or obscene content;
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Does not contain prejudice or hatred related to ethnicity, religion, race, or intergroup relations (SARA), and does not incite violence;
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Does not contain discriminatory content based on gender or language differences, and does not demean the dignity of the weak, poor, sick, or disabled.
d. Online media has full authority to edit or delete User-Generated Content that violates point (c).
e. Online media must provide a complaint mechanism for users to report User-Generated Content that violates point (c). This mechanism must be easily accessible.
f. Online media must edit, delete, or take corrective action on any reported User-Generated Content that violates point (c) as soon as possible and proportionally, no later than 2 × 24 hours after the complaint is received.
g. Online media that have complied with points (a), (b), (c), and (f) are not held liable for any problems arising from content that violates point (c).
h. Online media are responsible for User-Generated Content that has been reported if they fail to take corrective action within the time limit specified in point (f).
4. Corrections, Clarifications, and Right of Reply
a. Corrections, clarifications, and rights of reply refer to the Press Law, the Journalistic Code of Ethics, and the Guidelines on the Right of Reply set by the Press Council.
b. Corrections, clarifications, or rights of reply must be linked to the original news item being corrected or responded to.
c. Each correction, clarification, or right of reply must include the time of publication.
d. If a news item from one online media is republished by another, then:
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The responsibility of the original media is limited to the content published on its platform or under its technical authority;
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Corrections made by one media must also be carried out by other online media that have quoted the same news;
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Any media that republishes news and fails to apply the same correction as the original source shall bear full legal responsibility for the uncorrected content.
e. In accordance with the Press Law, any online media that fails to grant the right of reply may be subject to a criminal fine of up to IDR 500,000,000 (five hundred million rupiah).
5. Retraction of News
a. Published news cannot be retracted due to external censorship, except for cases involving SARA, decency, child protection, victims’ traumatic experiences, or other special considerations determined by the Press Council.
b. Other online media must also follow the retraction of quoted news from the original source.
c. Any retraction of news must be accompanied by an explanation and publicly announced.
6. Advertisements
a. Online media must clearly distinguish between news content and advertisements.
b. Any news/article/content that constitutes an advertisement or paid content must be clearly labeled as “advertorial,” “advertisement,” “ads,” “sponsored,” or another term indicating it is an advertisement.
7. Copyright
Online media must respect copyright laws as regulated under applicable legislation.
8. Publication of Guidelines
Online media must display these Guidelines for Online Media Coverage clearly and visibly on their platform.
9. Dispute Resolution
Final assessments and resolutions of disputes regarding the implementation of these Guidelines for Online Media Coverage shall be handled by the Press Council.
Jakarta, February 3, 2012
(These Guidelines were signed by the Press Council and press community representatives in Jakarta on February 3, 2012.)