Bill > S1094

This bill, the Journalism Competition and Preservation Act of 2023, aims to 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 include: 1. Allowing eligible digital journalism providers (including eligible publishers and broadcasters) to form joint negotiation entities to collectively negotiate with covered platforms (large online platforms) on the pricing, terms, and conditions for the covered platform's access to the providers' content. 2. Providing a process for these joint negotiation entities to initiate negotiations with covered platforms, including notice requirements and rules around good faith negotiations. 3. Establishing a final offer arbitration process for eligible publishers if negotiations are unsuccessful, allowing an arbitration panel to determine the pricing, terms, and conditions for the covered platform's access to the publishers' content. 4. Providing antitrust law protections and a safe harbor for the joint negotiations and arbitration proceedings, while limiting the scope of this protection to exclude discussions or agreements related to how the covered platforms display, rank, or curate the content. 5. Prohibiting discrimination or retaliation by covered platforms against eligible digital journalism providers participating in the negotiation and arbitration processes. 6. Requiring transparency around any agreements or arbitration decisions, as well as reporting on how funds received by eligible providers are used to support news operations and journalism.

Justice

https://www.congress.gov/bill/118th-congress/senate-bill/1094/all-info