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Temporary Antitrust Shield for News Publishers to Negotiate with Big Tech.

This Act grants eligible news publishers and broadcasters a temporary exemption from antitrust laws, allowing them to collectively negotiate with dominant online platforms regarding the financial terms for accessing their content. The goal is to ensure fair compensation for journalism, particularly local news, helping to stabilize the industry and maintain the quality of public information. These negotiations cannot, however, influence how platforms display or curate content based on viewpoint.
Key points
Eligible news providers can form groups to jointly negotiate pricing and terms for their content used by major online platforms (e.g., platforms with over 50 million US users).
The law provides a temporary 'safe harbor' from antitrust laws for these collective negotiations.
If negotiations fail, publishers can initiate binding 'final offer arbitration' to determine fair market value.
Platforms are prohibited from retaliating against news organizations for participating in these negotiations, such as by changing content ranking or indexing.
Funds received must be reported and used to support news production and the employment of journalists.
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Additional Information
Print number: 118_S_1094
Sponsor: Sen. Klobuchar, Amy [D-MN]
Process start date: 2023-03-30