We reckon you’re probably being asked a bunch of questions regarding these two topics and many may come from colleagues who aren’t close to your digital strategy or are not across the particulars of how digital advertising works. The purpose of the Code is to address the bargaining power imbalance identified by the ACCC between digital platforms and news media businesses in order to support a diverse and sustainable Australian news media sector, including Australia’s public broadcasters. In July 2020 the ACCC released draft legislation (News media bargaining code – Draft legislation). While you’re becoming the SME within the business, it will be easy to form your own opinion on the pros and cons of such legislation and report findings but it is also important to remain objective. Google has published strong responses to the creation of the code over the last 18 months, but their most recent response can be found in an open letter here and a clear FAQ page here. Apparently not, at least not in a clinical sense, according to an article recently published by Oxford University researchers which focused on the impact on…, In 2019, we wrote about the Data Sharing and Release, We tend to think about cybersecurity threats in terms of rogue states, geeky hackers or criminals bent on extortion attacking key infrastructure or big…, Common mental health disorders are rising globally: the World Health Organisation states that between 2005 and 2015 the total estimated number of people…. If this mandatory code is adopted, Australia has the chance to be a world leader in addressing the bargaining power imbalances between digital platforms and news media providers. 26 February 2021 Current Affairs:The Australian Parliament passed a landmark legislation called the News Media and Digital Platforms Mandatory Bargaining Code on February 25, 2021. Does targeting two US companies break Australia’s free trade agreements. The News Media and Digital Platforms Mandatory Bargaining Code results from a long, hotly contested process between the Australian Competition and Consumer Commission (ACCC), the Australian Government and Google and Facebook. Google launched an “open letter to Australians”, claiming the ACCC’s July draft of the Code “would force us to provide you with a dramatically worse Google Search and YouTube, could lead to your data being handed over to big news businesses, and would put the free services you use at risk in Australia.”. “Terrific” I hear you say. Australia has passed a new law that will require digital platforms like Facebook and Google to pay local media outlets and publishers to link … It removes the potential for genuine bargaining by forcing Facebook to make payments that are detached from true calculations of commercial value and by incentivising news publishers to make unreasonable ambit claims and bargain in non-commercial ways. On 20 April 2020, the Australian Government asked the ACCC to develop a mandatory code of conduct to address the bargaining power imbalance between Australian news media businesses and digital platforms, specifically Google and Facebook. They have also been utilising space within Google search to direct consumers to read more about their response. This change has been reported on a lot over the past 12 months and Google isn’t the first platform to instigate this change. However, with this additional focus on data, it is a good time to ensure you have ownership of your audiences and that you are clear about what first party data your business holds. Crikey: Media abandons balance in pursuit of Google’s billions, The Guardian: Inevitable Google and Facebook will pay, says Treasurer, Which50: Zuckerberg lobbies Australian Treasurer on media code, Mumbrella: Google Media Buyers and Publishers react, AdNews: Will Google Really Pull Search from Australia, AdNews: Small Digital Publishers at Risk if Google Pulls Search, Economics Explained (video): The End of YouTube, The Conversation: The Government could subsidise journalism, AdNews: The argument against the news bargaining media code. The News Media and Digital Platforms Mandatory Bargaining Code results from a long, hotly contested process between the Australian Competition and Consumer Commission ( ACCC ), the Australian Government and Google and Facebook. This would not be an unparalleled response. 2 Commencement. The ACCC released an exposure draft of the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 (draft Code) on 31 July 2020. However, both the ACCC and the Government have maintained a hard line throughout the process, and the Code represents a significant change to the negotiation dynamic between digital platforms and news media companies. After significant consultation and some major amendments, the Government has now introduced the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill to Parliament. In particular, the Code incorporates to some extent the three major changes asked for by Google: These edits demonstrate that the Government has not simply adopted all of the suggestions made by the ACCC but has taken a somewhat more balanced approach to implementing the proposed changes. Having a news environment in this country that is one that is sustainable and is supported commercially, then this is vital to how democracies function. The News Media Bargaining Code Explained. The legislation sets a precedent in regulating social media across geographies, and is being closely watched the world over. Mandatory Bargaining Code for News Media and Digital Platforms Outline of chapter 1.1 This Bill establishes a mandatory code of conduct to address bargaining power imbalances between digital platforms and Australian news businesses. What is the news media and digital platforms bargaining code? This brings with it an By Joni Widodo, 24 February, ... the News Media and Digital Outlets Mandatory Negotiating Code was revised earlier this week. In so doing, we will become a beacon for democracies elsewhere who truly value a free and independent media. NMBC and the ACCC investigation reference third-party cookies and Chrome. BBC: Could Google really leave Australia? You'll receive the latest news and updates in our monthly newsletter, the Datisan Download. Other voices against the implementation of the code have raised the following questions: Ben Shepherd, Managing Director at Thinkerbell, has been quoted often in the past week on this topic and one of his many relevant quotes is. The News Media and Digital Platforms Mandatory Bargaining Code Bill that has been introduced to Parliament reflects many changes in response to strong feedback provided by Google, Facebook and other stakeholders on the ACCC’s draft legislation. The Senate has passed new government regulations concerning news on social media platforms. Beyond the platforms, the Code will have a broader impact on registered news media businesses. The ACCC released a The intent of this law is to force major digital platforms –Google and Facebook – to pay Australian media companies for use of news content. Gather information, review news alerts daily to see what is happening but it’s also important to…. Setting up a more detailed framework for the Australian Communications and Media Authority (. Google has some proposals to amend the current code into something that they feel will be more workable. Starting with the findings communicated in its Digital Platforms Inquiry (see our article - Digital reform unfolds - ACCC releases Final Report on Digital Platforms Inquiry) the ACCC pushed the Government to “create a level playing field” between digital platforms and news publishers. On Wednesday 9 December the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 was introduced to Parliament, giving new impetus to the world’s regulatory turn against large digital platforms. Setting up a “standard offer” framework that enables the responsible digital platforms to make remuneration-related offers to multiple registered news businesses outside of the Code’s framework (Division 9). Bill 2020 is expected to be referred to a Senate committee before a final vote in Parliament around February or March 2021. to address bargaining power imbalances between digital platform services and This was their view prior to their Facebook News Ban, which we have summarised in a separate post here. If Google leaves, the company that fills the search void would still have the same issue … facing payment for links, The code could harm small and emerging players. We will know more once the Bill returns to the Senate on 12 February 2021. Our COVID-19 hub collates important articles and legal advice on various aspects of COVID-19 on how it may impact your business. The proposed law, News Media and Digital Platforms Mandatory Bargaining Code Bill 2020, mandates a bargaining code that aims to force Google and Facebook to compensate media companies for using their content. The Guardian: Inevitable Google and Facebook will pay for Australian News, says Treasurer, AFR: Digital Giants Should Focus on paying for content, ABC: Frydenberg tells Zuckerberg the government won’t back down, SMH: Frydenberg hits out at tech giants for shifting goalposts, Innovation Australia- government won’t budge, B&T: Microsoft Interested in Growing Presence. Among the elements the code will cover include the sharing of data, ranking and display of news content and the monetisation and the sharing of revenue generated from news. You can read additional articles from commentators regarding their responses in the below links: ZDNet: Facebook and Google are still fighting Australia’s media bargaining code, AdNews: Google threatens to turn off search in Australia if media code passed, Mumbrella: The old news business model is broken. It’s important to be across these two topics in particular as they play in the current news cycle and be the subject matter expert (SME) in your business for it. Expanding the definition of core news content that a business must produce to be considered a registered news business under the Code, and be entitled to its benefits (ss52A, s52N). The Australian Communications and Media Authority (ACMA) today opened applications for Australian news businesses wishing to register for the News Media and Digital Platforms Mandatory Bargaining Code (the code). Facebook suggested that the Bill was in fact not a bargaining code, writing in its submission to the committee that. They have discussed the submissions and highlighted other business that have concerns, which you can read here. A News Media Bargaining Code – along with further digital platform-related inquiries and investigations – was a key recommendation to address this perceived imbalance (see our article - ACCC releases Digital Platforms Services Inquiry Interim Report on Online Private Messaging). The code This change has been, News Media and Digital Platforms Mandatory Bargaining Code, Australian Communications and Media Industry, assess the eligibility of news businesses who want to participate in the code, appoint mediators to assist bargaining parties. It is designed to level the playing field and to ensure a sustainable and viable Australian media landscape. The Bill that has been passed by the Australian Parliament and has now effectively become a Code is called the News Media and Digital Platforms Mandatory Bargaining Code. The Bill Digest for the code states that the code’s purpose is to address a clear and significant bargaining imbalance that exists between Google and Facebook on the one hand and the news media businesses. 1.1. The Parliament of Australia enacts: 1 Short title. The code has been designed to help support the sustainability of public interest journalism in Australia. Using AI to detect vulnerable employees and customers. Context of amendments 1.2 The ACCC’s Digital Platforms Inquiry Final Report identified a It said that if the News Media Bargaining Code was implemented, “we will reluctantly stop allowing publishers and people in Australia from sharing local and international news on Facebook and Instagram”. Paul Fletcher MP introduced legislation for a mandatory bargaining code for news media and digital platforms today. That means … Josh Frydenberg MP and Minister for Communications the Hon. The immediate focus will be on whether Facebook or Google will follow through on threats to no longer distribute news in Australia or to change the nature of the services that are supplied to Australian customers, for example by rolling out global updates less frequently or not implementing them at all. It’s a world first as far as legislating for the powerful tech platforms to compensate news publishers for their journalism. There will be not be commercial deals; instead the platforms will be free to continue to offer terms on a take-it-or-leave-it basis. mandatory code; any bargaining power imbalance exists in relation to each digital platform service proposed to be subject to the code; the code equally addresses all competing services within a market that have the same or greater bargaining power imbalance; On 18 February 2021, social media company Facebook made the decision to prohibit the publishing and sharing of links ( Links) from Australian media companies ( News Companies) on the site. However, implementation of a mandatory code of this nature in any form is a significant step. THE draft news media bargaining code has been released by the Australian Competition and Consumer Commission in an attempt to force Facebook and Google to pay for the news content they publish on their platforms. The draft Code, if it becomes law, will introduce a new Part IVBA in the Competition and Consumer Act 2010 (Cth) ( CCA ). Google has built a successful business and I believe it’s being punished for that, many years after their acquisitions and movements had been green-lit by government authorities. It evens out the bargaining positions so that fair commercial deals can be made. The importance of Australian companies being “cyber-prepared” and “cyber-resilient” in order to protect themselves, their information assets and their…, Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020, News media bargaining code – Draft legislation, Code will initially only apply to Facebook NewsFeed and Google Search, Digital reform unfolds - ACCC releases Final Report on Digital Platforms Inquiry, ACCC releases Digital Platforms Services Inquiry Interim Report on Online Private Messaging, Google launched an “open letter to Australians”, Non-fungible tokens (NFTs) can be more than art… but are they, The Data Availability and Transparency Bill 2020: What you need to, IOT Cybersecurity: more than stranger danger. Josh Frydenberg MP and Minister for Communications the Hon. The Australian Communications and Media Authority (ACMA) today opened applications for Australian news businesses wishing to register for the News Media and Digital Platforms Mandatory Bargaining Code (the code)..
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