Historically, when searching for news online, the content provider (say Google, Apple, Facebook, etc.) provided that content for free. But the content provider generally did not pay the source of that news, whether a local paper, an international news aggregator or a state news organization such as the BBC. Meanwhile, many of the same news sources, especially local papers, ​ struggled to provide that news because the advertising they had traditionally relied on had moved to these very same online digital platforms–a catch-22. So in 2021, Australia introduced the world’s first legislation, the News Media Bargaining Code,​ to address bargaining power imbalances between tech platforms and news publishers to ensure news businesses receive remuneration for the value their content generates. 

Australia’s small media outlets collaborated and achieved collective bargaining agreements with Google. Without the Code, these agreements would not have been possible. In addition, some of these agreements have enabled news businesses to employ additional journalists and make other valuable investments to ​bolster their operations.

The U.S., U.K., and Canada are considering similar legislation and actions that could provide a financial boost to national and local news media. However, large tech platforms in each of these countries oppose these approaches because they argue these measures are unfair and discriminatory.

This webinar will examine what we can learn from the Australian experience. Are there lessons that could be instructive for the passage and implementation of the legislation pending here in the U.S. – the Journalism Competition and Protection Act? ​What are the international trade implications of these arrangements? Are there ways to encourage such payments so that all participants will see it as a win-win?

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