On 10 December 2020, the Senate referred the provisions of the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 (the bill) to the Senate Economics Legislation Committee for inquiry and report by 12 February 2021.
In the Senate Committee report into the News Media Bargaining Code handed down today the Treasurer, Josh Frydenberg, says this bill will “…establish a mandatory code to address the bargaining power imbalances that exist between digital platforms and Australian news media businesses… Public interest journalism plays an important role in our society. It is critical to the functioning of our democracy.
“This role can only be fulfilled by a strong, diverse and sustainable Australian news media sector. This bill responds to the key findings of the Australian Competition and Consumer Commission’s (ACCC) digital platforms inquiry…”
The committee says it 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.
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.
Labor Senators recommend the bill be passed, subject to the government addressing key concerns as the government has ‘signalled’ it will.
In response to the report Commercial Radio Australia CEO, Joan Warner, says, “The radio industry welcomes today’s Senate committee report which supports action designed to ensure fair bargaining positions between global tech platforms and local media. It is important to remember that this Code is for all news media including local radio.
“This has been a long time in development with wide consultation and we applaud the ACCC for the way in which it has ensured all parties were consulted at every stage. After so much discussion and consultation, it is time to pass the legislation and, with the review in 12 months, implement the code and assess what the practical effect on all players will be over that time.”
Nine Entertainment also responded to the report today saying, “We welcome today’s Senate committee report which again highlights the need for action to level the playing field between Australian media and the global tech monopolies and ensure the ecosystem remains sustainable for those who create journalism,” said a Nine spokesperson.
“We want to thank the ACCC, the government and the Parliament who have all now examined the issues at play exhaustively. Now is the time for action and for the media code to be legislated.”
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