• by Ray Schultz , August 22, 2022

The Journalism Competition & Preservation Act (JCPA) has taken a step forward: The Senate text was released and listed on the agenda for Senate Judiciary Committee markup in September.

The bi-partisan bill (H.R. 1735 and S. 673) would allow local news publishers to collectively negotiate with Big Tech, or “covered,”  platforms such as Google and Facebook for fair use of their content.  

“To preserve strong, independent journalism, we have to make sure news organizations are able to negotiate on a level playing field with the online platforms that have come to dominate news distribution and digital advertising,” states Sen. Amy Klobuchar (D-MN), Chair of the Senate Judiciary Subcommittee on Competition Policy, Antitrust and Consumer Rights. 

The News Media Alliance promptly praised the action. 

 “We applaud Chairwoman Klobuchar, Senator Kennedy, Chairman Cicilline, and Ranking Member Buck for their leadership in progressing the JCPA and for their hard work and dedication to fighting for the future of local journalism through pursuing fair and just compensation for news publishers,” said David Chavern, President & CEO of the News Media Alliance. “The time to act is now.” 

As now written, the JCPA would: 

• Empower eligible digital journalism providers—news publishers with fewer than 1,500 exclusive full-time employees and non-network news broadcasters—to form joint negotiation entities to collectively negotiate with a covered platform over access digital news content.
• Require covered platforms—online platforms that have at least 50 million U.S.-based users or subscribers and are owned or controlled by a person that has either net annual sales or market capitalization greater than $550 billion or at least 1 billion worldwide monthly active users—to negotiate in good faith.
• Enable non-broadcaster news publishers to demand final-offer arbitration if the negotiation fails to result in an agreement after six months.
• Create a limited safe harbor from federal and state antitrust laws for eligible digital journalism providers that allows them to participate in joint negotiations and arbitration.
• Prohibit discrimination by a joint negotiation entity or a covered platform against an eligible digital journalism provider based on its size or the views expressed in its content.
• Prohibit retaliation by a covered platform against eligible digital journalism providers for participating in joint negotiations or arbitration, while providing a private right of action for violations of this prohibition. 
• Sunset within eight years.