Senate Committee green lights News Media Code
The Senate Economics Legislation Committee has reported on the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020. The Committee (by majority) recommended passage of the bill.
Select majority comments
2.48 The committee accepts that there remains the possibility that not all risks have been taken into account, and that further refinement may be needed to the arbitration mechanism and other parts of the Code so that they work in an optimum manner. Accordingly, the committee strongly supports the 12 month review mechanism built into the legislation
2.49 Despite the concerns raised by various submitters and witnesses, the committee is confident that the bill will deliver on its intended outcomes. Its provisions will provide the basis for a more equitable relationship between the media and Google/Facebook and, through this, help safeguard public interest journalism in Australia. Accordingly, the committee recommends that the bill be passed.
Select additional comments from Labor senators
Labor Senators on the committee recommended the bill be passed, subject to the government addressing key concerns. Some select passages appear below:
1.12 Labor Senators support the intention of the bill which is to address the dominance of digital platforms Google and Facebook for the benefit of the Australian news media. Labor Senators note, however, that the corollary of addressing the dominance of digital platforms may involve potential impacts beyond the news media, the outcomes of which are unknown.
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1.16 Labor Senators note there is broad in-principle support for a code and regulation of digital platforms however many stakeholders have serious and specific concerns with the bill as drafted. There is a divergence of views including as between established mainstream media and new and emerging media in accordance with their reliance on search and social media for audiences and revenue.
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1.18 Labor Senators are pleased at evidence that work on the code to date has improved the responsiveness of digital platforms to the news media. However, we are mindful of evidence that the code does not guarantee any particular outcomes for the media, journalists, citizens or consumers. …
1.25 Labor Senators are of the view that a strong, high quality and diverse news media sector is essential to a healthy democracy. Equally, we are of the view that a strong, high quality and diverse tech sector is necessary for a healthy networked society and digital economy.
1.26 We are cognisant of the fact that Australia has one of the most concentrated media markets in the world, and that search engines and social media are instrumental in facilitating access for many Australians to a more diverse range of news media, both domestic and international. Australians deserve the best in terms of choice and quality, and we are concerned that any reduction in choice or quality would be to the detriment of Australian citizens and consumers.
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1.28 Labor Senators affirm that Australian sovereignty should be respected and that Australian law should be well-crafted, proportionate and fair.
Select additional comments from Labor senator
1.1 The Australian Greens support the principles of the bill as an important step forward both in protecting public interest journalism in Australia and regulating the power imbalance that big technology companies have in the marketplace.
[Greens senators made three recommendations]
Recommendation 1: That the bill be amended to require news organisations to spend the revenue from the Code on resourcing public interest journalism.
Recommendation 2: That the Government establish a permanent Public Interest News Gathering Trust and ensure that AAP is supported through public funding.
Recommendation 3: That the bill be amended to require the 12-month review of the Code to report on the impact that the Code is having on small, independent and start up publications and the state of journalism in Australia including the number of journalists employed.