Protecting Creativity in the AI ​​Era: The Urgency of Copyright Regulation for Journalistic Works

“30 to 50 percent of the traffic or visitors entering our websites are AI (artificial intelligence) bots,” said Wahyu Dhyatmika, Chairman of the Indonesian Cyber ​​Media Association (AMSI), at the Indonesia Digital Conference (IDC) 2025. He stated that AI poses a threat to the existence of media outlets. The function of AI, which provides answers and information sourced from journalistic works, has led to a decline in readership to media sites. Data processing by AI, which uses textual content from journalistic works without permission or compensation, also harms press companies. This poses an additional challenge amidst a number of challenges currently facing the Indonesian media industry. The wave of layoffs in the Indonesian media industry has sparked much discussion about the reasons for the decline in revenue for press companies. Discussions about the root causes of the challenges faced by press companies include various factors, such as reduced advertising spending, declining independence of press companies, and technological disruptions such as AI. This has led to discussions about the need for regulations to strengthen protection for journalistic works, as has also been recognized by the Press Council. Strengthening copyright regulations can protect creators and managers of journalistic works in various ways: 1. Profit management between press companies and AI companies The use of journalistic works by AI companies without proper attribution or profit sharing is certainly detrimental to journalists and press companies. An adequate profit-sharing scheme is needed, such as implementing copyright for journalistic works through a licensing system as stipulated in Law Number 28 of 2014 concerning Copyright (“Copyright Law”) or regulations governing profit-sharing schemes between press companies and AI companies regulated by law. Implementing copyright for journalistic works will guarantee the economic rights that creators deserve, as stipulated in Article 9 paragraph (1) of the Copyright Law. The use of journalistic works by AI companies could even constitute a new category of economic rights, as the processing of journalistic works for the broader needs of AI users may not be entirely covered by Article 9 paragraph (1) letters d and h, concerning economic rights to adapt, arrange, or transform Works and the communication of Works. In addition to legal certainty regarding the receipt of economic rights through licensing, redress is needed for the losses in the Indonesian media industry that have occurred due to the operations of AI companies that use journalistic works without permission and have resulted in a decline in readership to media sites. Further protection is needed to address the decline in profits in the Indonesian media industry caused by the operations of AI companies. This need can be met through legislation governing the profit-sharing scheme between AI companies and press companies. 2. Protection of press freedom through professional sustainability The health of the press industry and the sustainability of the journalism profession directly impact press freedom in Indonesia. Law Number 40 of 1999 concerning the Press outlines the functions of an independent Indonesian press, which has the right to seek, obtain, and disseminate ideas and information. Instability in the press industry, such as minimal job protections for journalists, waves of layoffs, and the disparity between workload and wages, as reported by the Alliance of Independent Journalists (AJI), is a major obstacle to the sustainability of press freedom in Indonesia. Legal protection for journalistic work can act as a shield for press freedom in Indonesia. Journalists and press companies will be able to assert their rights and thus be protected from threats to the sustainability of their profession. This legal certainty will contribute to the protection of press freedom in Indonesia through the welfare and sustainability of the press profession. 3. Strengthening competitive position amidst technological disruption In the era of digital development, there are many concerns caused by technological disruptions such as AI. For example, AI often reports irrelevant news or is involved in the dissemination of unverified news. This can be problematic if AI imitates journalists’ writing styles, leading to misunderstandings that undermine their credibility. Journalistic creativity in conveying narratives and refining a publication is one asset that requires copyright protection. Strengthening copyright protection for journalistic works will strengthen the resilience of the Indonesian media industry amidst technological disruption. The value of press companies’ assets, namely journalistic works, will increase with copyright protection. This is due to the increased quality of journalistic works in the media industry.