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Journalism Competition and Preservation Act of 2023
3/11/2024, 4:27 PM
Summary of Bill S 1094
The bill aims to allow news publishers to negotiate collectively with online platforms, such as Google and Facebook, in order to receive fair compensation for the use of their content. This would help to level the playing field between news publishers and tech giants, who currently benefit from the distribution of news content without adequately compensating the creators.
Additionally, the bill seeks to promote transparency and accountability in the digital advertising market by requiring online platforms to disclose information about their algorithms and data collection practices. This would help to ensure that news publishers are not unfairly disadvantaged in the digital marketplace. Overall, the Journalism Competition and Preservation Act of 2023 is designed to support the sustainability of local journalism and ensure that news publishers are able to continue providing valuable information to the public. It is an important step towards preserving the integrity of the news industry and protecting the vital role that journalism plays in our democracy.
Congressional Summary of S 1094
Journalism Competition and Preservation Act of 2023
This bill sets out a process through which certain broadcast or digital news providers may collectively negotiate with covered online platforms (e.g., social media companies) regarding use of the news providers' content by the platforms.
Specifically, the bill authorizes an eligible provider (e.g., one with no more than 1,500 full-time employees and nonnetwork news broadcasters that engage in specified news practices) to jointly form an entity with other eligible providers to negotiate the pricing, terms, and conditions by which covered online platforms use the providers' content. A covered platform is generally one that (1) has at least 50 million monthly domestic users, and (2) is owned or controlled by a person with either sales or a market capitalization that exceeds a specified amount or at least one billion monthly users worldwide.
The bill establishes requirements concerning the formation, governance, operation, and termination of the joint negotiation entity. It also exempts from antitrust laws certain actions by a joint negotiation entity (e.g., providers jointly denying a platform's access to the providers' content).
The bill outlines requirements governing the conduct of the negotiations by, for example, requiring the parties to negotiate in good faith. Additionally, the bill provides for private rights of action if the requirements for a negotiation are not met and establishes requirements for arbitration in limited circumstances.
The Government Accountability Office must study the impact of the joint negotiations, including their effects on local and regional news and the employment of journalists.
In general, the bill's provisions terminate six years after its enactment.
