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    The Journalism Competition and Preservation Act

    Copyright:

    © All Rights Reserved
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    12K views5 pages

    Journalism Competition and Preservation Act

    Uploaded by

    TechCrunch
    The Journalism Competition and Preservation Act

    Copyright:

    © All Rights Reserved
    Flag for inappropriate content
    of 5

    SIL21343 5NS S.L.C.

    S. ll
    117TH CONGRESS
    1ST SESSION

    To provide a temporary safe harbor for publishers of online content to


    collectively negotiate with dominant online platforms regarding the terms
    on which content may be distributed.

    IN THE SENATE OF THE UNITED STATES


    llllllllll
    Ms. KLOBUCHAR introduced the following bill; which was read twice and
    referred to the Committee on llllllllll

    A BILL
    To provide a temporary safe harbor for publishers of online
    content to collectively negotiate with dominant online
    platforms regarding the terms on which content may
    be distributed.

    1 Be it enacted by the Senate and House of Representa-


    2 tives of the United States of America in Congress assembled,
    3 SECTION 1. SHORT TITLE.

    4 This Act may be cited as the ‘‘Journalism Competi-


    5 tion and Preservation Act of 2021’’.
    6 SEC. 2. SAFE HARBOR FOR CERTAIN COLLECTIVE NEGO-

    7 TIATIONS.

    8 (a) DEFINITIONS.—In this section:


    SIL21343 5NS S.L.C.

    2
    1 (1) ANTITRUST LAWS.—The term ‘‘antitrust
    2 laws’’—
    3 (A) has the meaning given the term in
    4 subsection (a) of the first section of the Clayton
    5 Act (15 U.S.C. 12); and
    6 (B) includes—
    7 (i) section 5 of the Federal Trade
    8 Commission Act (15 U.S.C. 45) to the ex-
    9 tent that section applies to unfair methods
    10 of competition; and
    11 (ii) any State law (including regula-
    12 tions) that prohibits or penalizes the con-
    13 duct described in, or is otherwise incon-
    14 sistent with, subsection (b).
    15 (2) NEWS CONTENT CREATOR.—The term
    16 ‘‘news content creator’’ means—
    17 (A) any print, broadcast, or digital news
    18 organization that—
    19 (i) has a dedicated professional edi-
    20 torial staff that creates and distributes
    21 original news and related content con-
    22 cerning local, national, or international
    23 matters of public interest on at least a
    24 weekly basis; and
    SIL21343 5NS S.L.C.

    3
    1 (ii) is marketed through subscriptions,
    2 advertising, or sponsorship; and
    3 (B)(i) provides original news and related
    4 content with the editorial content consisting of
    5 not less than 25 percent current news and re-
    6 lated content; or
    7 (ii) broadcasts original news and related
    8 content pursuant to a license granted by the
    9 Federal Communications Commission under
    10 title III of the Communications Act of 1934 (47
    11 U.S.C. 301 et seq.).
    12 (3) ONLINE CONTENT DISTRIBUTOR.—The

    13 term ‘‘online content distributor’’ means any entity


    14 that—
    15 (A) operates a website or other online serv-
    16 ice that displays, distributes, or directs users to
    17 news articles, works of journalism, or other con-
    18 tent on the internet that is generated by third-
    19 party news content creators; and
    20 (B) has not fewer than 1,000,000,000
    21 monthly active users, in the aggregate, of all of
    22 its websites or online services worldwide.
    23 (b) LIMITATION OF LIABILITY.—A news content cre-
    24 ator may not be held liable under the antitrust laws for
    25 engaging in negotiations with any other news content cre-
    SIL21343 5NS S.L.C.

    4
    1 ator during the 4-year period beginning on the date of en-
    2 actment of this Act to collectively withhold content from,
    3 or negotiate with, an online content distributor regarding
    4 the terms on which the news content of the news content
    5 creator may be distributed by the online content dis-
    6 tributor, if—
    7 (1) the negotiations with the online content dis-
    8 tributor—
    9 (A) are not limited to price;
    10 (B) are nondiscriminatory as to similarly
    11 situated news content creators;
    12 (C) directly relate to the quality, accuracy,
    13 attribution or branding, and interoperability of
    14 news; and
    15 (D) pertain to terms that would be avail-
    16 able to all news content creators;
    17 (2) the coordination between the news content
    18 creators is directly related to and reasonably nec-
    19 essary for negotiations with an online content dis-
    20 tributor that are otherwise consistent with this Act;
    21 and
    22 (3) the negotiations do not involve any person
    23 that is not a news content creator or an online con-
    24 tent distributor.
    SIL21343 5NS S.L.C.

    5
    1 (c) RULE OF CONSTRUCTION.—Except as provided in
    2 this Act, this Act shall not be construed to modify, impair,
    3 or supersede the operation of the antitrust laws.

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