Freedom of opinion, freedom of expression, and freedom of the press are fundamental human rights protected by Pancasila, the 1945 Constitution of the Republic of Indonesia, and the Universal Declaration of Human Rights by the United Nations. The existence of cyber media in Indonesia is also a part of the exercise of these freedoms.
Cyber media possesses unique characteristics that require specific guidelines to ensure professional management, in line with its functions, rights, and responsibilities as mandated by Law No. 40 of 1999 on the Press and the Journalistic Code of Ethics. For this reason, the Press Council, in collaboration with press organizations, cyber media operators, and the public, has formulated the following Cyber Media Reporting Guidelines:
1. Scope
Cyber Media refers to any form of media that utilizes internet platforms and conducts journalistic activities, fulfilling the requirements of the Press Law and Press Company Standards as stipulated by the Press Council.
User Generated Content (UGC) refers to all content created and/or published by users of cyber media, including but not limited to articles, images, comments, audio, video, and other forms of uploads associated with cyber media such as blogs, forums, reader or viewer comments, and similar formats.
2. News Verification and Balance
- In principle, all news must undergo verification.
- Any news content that may harm another party must be verified within the same news item to uphold the principles of accuracy and balance.
- Exceptions to item (a) are permitted under the following conditions:
- The news contains urgent public interest;
- The primary source is clearly identified, credible, and competent;
- The subject to be confirmed is unavailable or unreachable;
- The media must inform readers that the news requires further verification and that efforts are being made to verify as soon as possible. This clarification should appear at the end of the same article, in parentheses and italics.
After publishing news under clause (c), the media is obliged to continue verification efforts and update the story once verified, including a link to the unverified version.
3. User Generated Content (UGC)
- Cyber media must include terms and conditions for UGC that do not conflict with Law No. 40/1999 on the Press and the Journalistic Code of Ethics, displayed clearly and transparently.
- Cyber media must require users to register and log in before publishing any form of UGC. The login provisions will be further regulated.
- During registration, users must agree in writing that UGC they publish:
- Does not contain falsehoods, slander, violence, or obscenity;
- Does not contain bias or hate speech related to ethnicity, religion, race, and inter-group relations (SARA), nor incite violence;
- Does not contain discriminatory content based on gender or language, and does not demean the dignity of the poor, the ill, or those with mental or physical disabilities.
- Cyber media has the absolute right to edit or remove any UGC that violates clause (c).
- Cyber media must provide a complaint mechanism for UGC that is deemed to violate clause (c), and this mechanism must be easily accessible.
- Cyber media must edit, delete, or correct any violating UGC as soon as possible, and no later than 2 x 24 hours after a complaint is received.
- Cyber media that complies with clauses (a), (b), (c), and (f) is not held liable for problems arising from UGC violating clause (c).
- However, media will be held liable if they fail to take corrective actions within the time limit set in clause (f).
4. Corrections, Clarifications, and Right of Reply
- Corrections, clarifications, and right of reply follow the Press Law, Journalistic Code of Ethics, and the Right of Reply Guidelines established by the Press Council.
- Each correction, clarification, and right of reply must be linked to the original news item.
- The time of publication for each correction, clarification, and right of reply must be stated.
- If news is republished by other cyber media:
- The original publisher is only responsible for news published on their platform or under their technical authority;
- Corrections by the original publisher must also be made by republishing media;
- Media that republishes news without applying the same corrections is fully liable for any legal consequences.
- According to the Press Law, failure to grant the right of reply may result in criminal penalties, including a fine of up to IDR 500,000,000 (five hundred million rupiah).
5. News Retraction
- News that has been published cannot be retracted due to external censorship, unless it involves issues of ethnicity, religion, morality, children’s future, victim trauma, or other considerations approved by the Press Council.
- Other cyber media must also retract quoted content from the original retracted article.
- Retractions must be accompanied by a clear explanation and public announcement.
6. Advertisements
- Cyber media must clearly distinguish between editorial content and advertisements.
- Any article or content that is sponsored or paid must be labeled with terms such as “advertorial,” “advertisement,” “ads,” “sponsored,” or other clear indicators that the content is an ad.
7. Copyright
- Cyber media must respect copyright laws in accordance with applicable regulations.
8. Guideline Publication
- Cyber media must publish these Cyber Media Reporting Guidelines on their platform clearly and visibly.
9. Disputes
- Final assessments regarding disputes over the implementation of these guidelines shall be resolved by the Press Council.
Jakarta, February 3, 2012
(Signed by the Press Council and representatives of the press community on this date)