Journalism Competition and Preservation Act of 2023

Bill: 118-s-1094
Sponsor: Sen. Klobuchar, Amy [D-MN]
Introduced: 2023-03-30 in the Senate
Policy area: Science, Technology, Communications
Subjects: Broadcasting, cable, digital technologies
Competition and antitrust
Digital media
Internet, web applications, social media
News media and reporting

Summary:
action_date: 2023-03-30
text: 

Journalism Competition and Preservation Act of 2023

 
This bill sets out a process through which certain broadcast or digital news providers may collectively negotiate with covered online platforms (e.g., social media companies) regarding use of the news providers' content by the platforms.
 
Specifically, the bill authorizes an eligible provider (e.g., one with no more than 1,500 full-time employees and nonnetwork news broadcasters that engage in specified news practices) to jointly form an entity with other eligible providers to negotiate the pricing, terms, and conditions by which covered online platforms use the providers' content. A covered platform is generally one that (1) has at least 50 million monthly domestic users, and (2) is owned or controlled by a person with either sales or a market capitalization that exceeds a specified amount or at least one billion monthly users worldwide. 
 
The bill establishes requirements concerning the formation, governance, operation, and termination of the joint negotiation entity. It also exempts from antitrust laws certain actions by a joint negotiation entity (e.g., providers jointly denying a platform's access to the providers' content). 
 
The bill outlines requirements governing the conduct of the negotiations by, for example, requiring the parties to negotiate in good faith. Additionally, the bill provides for private rights of action if the requirements for a negotiation are not met and establishes requirements for arbitration in limited circumstances.
 
The Government Accountability Office must study the impact of the joint negotiations, including their effects on local and regional news and the employment of journalists.
 
In general, the bill's provisions terminate six years after its enactment.

action_date: 2023-07-18
text: 

Journalism Competition and Preservation Act of 2023

 
This bill sets out a process through which certain broadcast or digital news providers may collectively negotiate with covered online platforms (e.g., social media companies) regarding use of the news providers' content by the platforms.
 
Specifically, the bill authorizes an eligible provider (e.g., one with no more than 1,500 full-time employees and nonnetwork news broadcasters that engage in specified news practices) to jointly form an entity with other eligible providers to negotiate the pricing, terms, and conditions by which covered online platforms use the providers' content. A covered platform is generally one that (1) has at least 50 million monthly domestic users, and (2) is owned or controlled by a person with either sales or a market capitalization that exceeds a specified amount or at least one billion monthly users worldwide. 
 
The bill establishes requirements concerning the formation, governance, operation, and termination of the joint negotiation entity. It also exempts from antitrust laws certain actions by a joint negotiation entity (e.g., providers jointly denying a platform's access to the providers' content). 
 
The bill outlines requirements governing the conduct of the negotiations by, for example, requiring the parties to negotiate in good faith. Additionally, the bill provides for private rights of action if the requirements for a negotiation are not met and establishes requirements for arbitration in limited circumstances.
 
The Government Accountability Office must study the impact of the joint negotiations, including their effects on local and regional news and the employment of journalists.
 
In general, the bill's provisions terminate six years after its enactment.


Legislative actions:
action_date: 2023-07-18
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 135.
action_date: 2023-07-18
text: Committee on the Judiciary. Reported by Senator Durbin without amendment. Without written report.
action_date: 2023-07-18
text: Committee on the Judiciary. Reported by Senator Durbin without amendment. Without written report.
action_date: 2023-06-15
text: Committee on the Judiciary. Ordered to be reported without amendment favorably.
action_date: 2023-03-30
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2023-03-30
text: Introduced in Senate