Bill > S673

This bill, the Journalism Competition and Preservation Act of 2022, would provide a temporary safe harbor for publishers of online content to collectively negotiate with dominant online platforms regarding the terms on which their content may be distributed. The key provisions of the bill are: 1) It allows eligible digital journalism providers (including publishers and broadcasters) to form joint negotiation entities to collectively negotiate with large online platforms on the pricing, terms, and conditions for accessing their content. 2) If negotiations between the joint negotiation entity and a covered platform fail, eligible publishers can initiate final offer arbitration to determine the pricing, terms, and conditions for the platform's access to their content. 3) The bill provides a limited antitrust safe harbor for the joint negotiations and arbitration process, while prohibiting any agreements that would allow the platform to discriminate or retaliate against participating publishers. 4) The bill requires transparency and reporting on the impact of the joint negotiations on the journalism industry and employment. 5) The bill has a 6-year sunset provision, with certain exceptions to allow ongoing negotiations and arbitrations to be completed.