Publishers vs. Facebook: Lawmakers Push for Collective Negotiation

Legislation for News Industry Negotiations Reintroduced in the U.S.

Following a contentious dispute between digital platforms and news publishers in Australia, U.S. legislators have once again proposed a bill designed to facilitate collective bargaining between the news industry and technology companies.

The Journalism Competition and Preservation Act

The Journalism Competition and Preservation Act has been resubmitted to the Senate with Amy Klobuchar (D-MN) and John Kennedy (R-LA) as sponsors. In the House, David Cicilline (D-RI), Ken Buck (R-NY), and Mark DeSaulnier (D-CA) are championing the legislation.

Initially presented in 2019, this bipartisan group of lawmakers aims to revitalize the bill during the current administration.

Antitrust Exemption for News Organizations

The core of the bill proposes an exemption from current antitrust laws. This would permit news organizations to collaboratively negotiate more advantageous agreements with major tech companies such as Facebook and Google.

This temporary exemption, lasting 48 months, is intended to strengthen the publishers’ negotiating position and ultimately benefit the entire news industry.

Global Context: Australia's Standoff

The United States is not alone in addressing the dominance of tech platforms over news publishing. Recently, Facebook temporarily removed links to news content in Australia.

This action was a response to new regulations that could compel tech platforms to compensate publishers for their content. The specific point of contention was a final arbitration clause that would automatically determine pricing if agreements couldn't be reached.

Legislators' Statements on the Bill

Senator Klobuchar emphasized the necessity of enabling news organizations to negotiate equitably with large tech companies to safeguard a robust and independent press.

She believes the bill will provide publishers with a “fighting chance” in these negotiations.

Representative Cicilline highlighted the importance of a strong, diverse, and free press for a functioning democracy.

He stated that access to reliable local journalism is crucial for informing the public, ensuring accountability, and combating corruption.

Antitrust Committees and Big Tech Regulation

Both Cicilline and Klobuchar hold leadership positions, chairing the House and Senate antitrust subcommittees, respectively.

These committees will be instrumental in shaping legislative proposals aimed at curbing the influence of large technology companies in the coming months.

Balancing the power of these tech giants with the needs of a declining news industry represents a significant challenge within this broader regulatory effort.

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