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Senators are pushing efforts to allow smaller news outlets to negotiate compensation from big tech companies such as Meta Platform’s Facebook and Alphabet’s Google.
Lawmakers on Monday unveiled new provisions in the Journalism Competition and Preservation Act (S. 673) to protect small newspapers facing declining subscriber numbers and advertising revenues. The Senate Judiciary Committee plans to consider the bipartisan bill, which was first introduced in March 2021, in the first week of September.
Publishers and broadcasters now have an additional eight years of safe harbor under legislation sponsored by Sens. Amy Klobuchar (D-Minn.) and John Kennedy (R-La.) to bargain collectively for payments from online platforms. Publishers might work together to jointly withhold their content during that time, which was originally set at four years, and negotiate with platforms without running afoul of antitrust regulations.
In Minneapolis, Minnesota, in April 2021, the Star Tribune’s front entrance is sealed up following demonstrations against police brutality. In a news release, Representatives David Cicilline (D-RI) and Ken Buck (R-CO) stated that they support the revised Senate version of the companion bill they authored (H.R. 1735).
By prohibiting the sharing of facts, references to facts, and other information without first receiving compensation, this extension of copyright restricts the free flow of information. head of Fight for the Future, allowing the government to control what news is not covered “sets a terrible precedent.”
The Electronic Frontier Foundation and Public Knowledge, among other public interest organizations, expressed concern that the legislation would grant publishers the authority to forbid third parties from linking to external content, which would go beyond the interests of any copyright owner. The senators sought to allay these concerns in the revised bill.
good faith negotiations
The bill now includes requirements for platforms, news publishers and broadcasters to bargain in good faith and includes some examples of “clear violations” such as: B. Refusal to Meet for Negotiations. The wording ensures that all news publishers and broadcasters, including smaller outlets, will be compensated, say the bill’s sponsors. Publishers, broadcasters and technology platforms must make reasonable suggestions, and courts may impose penalties for violations.
The measure would require journalism providers to be transparent about the annual fees they receive under their arrangements and use those funds to support ongoing news production.